Bill Text: NY A00076 | 2023-2024 | General Assembly | Introduced

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Bill Title: Requires pre-admission notification of policies authorizing the refusal to follow directives in health care proxies that are contrary to a hospital's operating principles.

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Introduced) 2024-01-03 - ordered to third reading cal.5 [A00076 Detail]

Download: New_York-2023-A00076-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                           76

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                       (Prefiled)

                                     January 4, 2023
                                       ___________

        Introduced  by  M. of A. L. ROSENTHAL, BRONSON, SEAWRIGHT -- Multi-Spon-
          sored by -- M. of A. GLICK, LUPARDO -- read once and referred  to  the
          Committee on Health

        AN  ACT to amend the public health law, in relation to requiring pre-ad-
          mission notification of policies authorizing  the  refusal  to  follow
          directives  in  health  care proxies that are contrary to a hospital's
          operating principles

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Paragraph  (a)  of  subdivision  3 of section 2984 of the
     2  public health law, as amended by chapter 8  of  the  laws  of  2010,  is
     3  amended to read as follows:
     4    (a)  the hospital has informed the patient or the health care agent of
     5  such policy prior to  [or  upon]  admission,  [if  reasonably  possible]
     6  provided,  that  in  the  case  of  an emergency, the information may be
     7  provided as soon as reasonably possible upon or after admission, and  if
     8  such  information is given upon admission or later, an explanation as to
     9  why such information was not given prior to admission shall be given  to
    10  the  patient  or  health care agent and shall be placed in the patient's
    11  medical record; and
    12    § 2. Paragraph (b) of subdivision 1 of section 2994-n  of  the  public
    13  health  law,  as  added  by chapter 8 of the laws of 2010, is amended to
    14  read as follows:
    15    (b) The hospital has informed the patient,  family,  or  surrogate  of
    16  such  policy  prior  to  [or  upon]  admission, [if reasonably possible]
    17  provided, that in the case of  an  emergency,  the  information  may  be
    18  provided  as soon as reasonably possible upon or after admission, and if
    19  such information is given upon admission or later, an explanation as  to
    20  why  such information was not given prior to admission shall be given to

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00019-01-3
        A. 76                               2

     1  the patient or health care agent and shall be placed  in  the  patient's
     2  medical record; and
     3    §  3.  This  act  shall take effect on the sixtieth day after it shall
     4  have become a law.