Bill Text: NY S05638 | 2013-2014 | 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 principals.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-01-08 - REFERRED TO HEALTH [S05638 Detail]

Download: New_York-2013-S05638-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5638
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                     May 30, 2013
                                      ___________
       Introduced  by  Sen.  SAVINO -- read twice and ordered printed, and when
         printed to be committed 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    S  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
   21  THE  PATIENT  OR  HEALTH CARE AGENT AND SHALL BE PLACED IN THE PATIENT'S
   22  MEDICAL RECORD; and
   23    S 3. This act shall take effect on the sixtieth  day  after  it  shall
   24  have become a law.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04433-01-3