Bill Text: NY A02140 | 2015-2016 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relates to judicial and administrative procedures for vindicating patient health care decisions.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2016-01-06 - referred to health [A02140 Detail]

Download: New_York-2015-A02140-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2140
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 15, 2015
                                      ___________
       Introduced  by  M.  of  A.  GOTTFRIED  --  read once and referred to the
         Committee on Health
       AN ACT to amend the public health law, in relation to protecting patient
         health care decisions
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  The  public health law is amended by adding a new section
    2  2999-a-1 to read as follows:
    3    S 2999-A-1. PROTECTION OF PATIENT HEALTH CARE  DECISIONS.  1.    DEFI-
    4  NITIONS. AS USED IN THIS SECTION, THE FOLLOWING TERMS HAVE THE FOLLOWING
    5  MEANING:
    6    (A)  "PATIENT  HEALTH  CARE  DECISION"  MEANS AN INDIVIDUAL'S DECISION
    7  (HOWEVER EXPRESSED OR RECORDED) TO CONSENT TO, REFUSE CONSENT TO,  WITH-
    8  DRAW  CONSENT  TO,  OR  DEMAND  ANY  HEALTH CARE SERVICE OR TREATMENT OR
    9  HEALTH CARE RESEARCH TO BE PROVIDED TO OR PARTICIPATED IN BY  THE  INDI-
   10  VIDUAL, WHICH A HEALTH CARE PROVIDER IS LEGALLY REQUIRED TO ADHERE TO OR
   11  ACCOMMODATE,  AND  OF WHICH THE HEALTH CARE PROVIDER KNOWS OR REASONABLY
   12  SHOULD KNOW.
   13    (B) "PATIENT" MEANS THE INDIVIDUAL WHO IS OR WOULD BE THE RECIPIENT OF
   14  THE HEALTH CARE SERVICE OR TREATMENT OR THE SUBJECT OF THE  HEALTH  CARE
   15  RESEARCH.  WHERE  A PATIENT LACKS CAPACITY TO MAKE A PATIENT HEALTH CARE
   16  DECISION AND AN INDIVIDUAL WHO HAS LEGAL AUTHORITY  TO  DO  SO  LAWFULLY
   17  MAKES THE PATIENT HEALTH CARE DECISION, THE PATIENT HEALTH CARE DECISION
   18  SHALL  BE DEEMED, FOR PURPOSES OF THIS SECTION, TO BE THE PATIENT HEALTH
   19  CARE DECISION OF THE PATIENT.
   20    (C) "HEALTH CARE" INCLUDES BOTH PHYSICAL AND MENTAL HEALTH CARE.
   21    (D) "HEALTH CARE PROVIDER"  MEANS  AN  INDIVIDUAL  OR  ENTITY  LEGALLY
   22  AUTHORIZED  TO  PROVIDE  A HEALTH CARE SERVICE OR TREATMENT OR ENGAGE IN
   23  HEALTH CARE RESEARCH.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02740-01-5
       A. 2140                             2
    1    2. IN A JUDICIAL OR ADMINISTRATIVE ACTION OR PROCEEDING RELATING TO  A
    2  HEALTH  CARE PROVIDER'S FAILURE OR REFUSAL TO ADHERE TO OR ACCOMMODATE A
    3  PATIENT'S PATIENT HEALTH CARE DECISION:
    4    (A)  THE  ACTION  OR PROCEEDING SHALL NOT BE BARRED BECAUSE THE HEALTH
    5  CARE SERVICE OR TREATMENT OR HEALTH CARE  RESEARCH  (I)  DID  NOT  CAUSE
    6  PHYSICAL,  MENTAL,  EMOTIONAL, OR ECONOMIC INJURY TO THE PATIENT OR (II)
    7  IMPROVED THE PHYSICAL, MENTAL, OR EMOTIONAL CONDITION  OF  THE  PATIENT.
    8  HOWEVER,  THE  PRESENCE  OR ABSENCE OF SUCH INJURY OR IMPROVEMENT MAY BE
    9  CONSIDERED IN THE MEASURE OF DAMAGES, PENALTY OR OTHER RELIEF.
   10    (B) A COURT MAY AWARD DAMAGES FOR EACH DAY THE PATIENT IS SUBJECTED TO
   11  A HEALTH CARE SERVICE OR TREATMENT OR HEALTH CARE RESEARCH IN  VIOLATION
   12  OF  THE  PATIENT'S  PATIENT  HEALTH  CARE DECISION, IN THE AMOUNT OF TWO
   13  THOUSAND DOLLARS FOR EACH DAY OR SUCH OTHER AMOUNT AS THE COURT MAY DEEM
   14  JUST.
   15    (C) A WAIVER BY OR ON BEHALF OF A PATIENT OF THE  RIGHT  TO  BRING  AN
   16  ACTION  OR  PROCEEDING  UNDER  THIS  SUBDIVISION SHALL BE AGAINST PUBLIC
   17  POLICY AND SHALL BE VOID.
   18    (D) LAWS AND RULES RELATING TO  CIVIL  ACTIONS  OR  PROCEEDINGS  SHALL
   19  APPLY, EXCEPT AS EXPLICITLY PROVIDED OTHERWISE IN THIS SECTION.
   20    3.  THIS  SECTION  SHALL  NOT  CHANGE  THE  AUTHORITY OF A HEALTH CARE
   21  PROVIDER AUTHORIZED BY LAW TO PROVIDE A HEALTH CARE SERVICE OR TREATMENT
   22  IN THE ABSENCE OF OR CONTRARY TO A PATIENT'S CONSENT.
   23    4. NO HEALTH CARE PROVIDER SHALL SEEK OR ACCEPT PAYMENT OR  REIMBURSE-
   24  MENT  FROM  OR  ON  BEHALF  OF  THE PATIENT OR A THIRD-PARTY PAYER FOR A
   25  HEALTH CARE SERVICE OR TREATMENT THAT IS PROVIDED IN THE ABSENCE  OF  OR
   26  CONTRARY TO THE PATIENT'S CONSENT, UNLESS IT WAS AUTHORIZED BY LAW TO BE
   27  PROVIDED IN THE ABSENCE OF OR CONTRARY TO THE PATIENT'S CONSENT.
   28    S 2. This act shall take effect immediately.