2022 Articles
Transfer of New York Hospital Inpatients Without Consent To Relieve Overcrowding: Legal, Ethical and Operational Issues
During the 2021-22 COVID-19 surge, overcrowded and understaffed hospitals were forced to consider transferring inpatients to other hospitals—whether or not the transferred patient or family consented to the transfer. On December 21, 2021, the New York State Department of Health issued a remarkable “Dear CEO Letter,” authorizing such transfers subject to various requirements. This article examines the need for such transfers, the law regarding consent to transfer, the DOH directive, and some ethical and operational issues raised by transferring a patient without consent.
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R. Swidler, Transfer of NY Hospital Patients Without Consent, NYSBA Health L.J. No.2 (2022).pdf
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- Health Law Journal
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- Academic Units
- School of Professional Studies
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- December 12, 2024
