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A11139 Summary:

BILL NOA11139A
 
SAME ASNo Same As
 
SPONSORPaulin
 
COSPNSR
 
MLTSPNSR
 
Add §2805-aa, Pub Health L
 
Requires hospitals to obtain verbal and written informed consent from a patient or representative before including such patient's information in a general hospital facility directory.
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A11139 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                        11139--A
 
                   IN ASSEMBLY
 
                                     April 24, 2026
                                       ___________
 
        Introduced by M. of A. PAULIN -- read once and referred to the Committee
          on  Health -- committee discharged, bill amended, ordered reprinted as
          amended and recommitted to said committee
 
        AN ACT to amend the public health law, in relation to consent to include
          patient information in a general hospital facility directory
 
          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  2805-aa to read as follows:
     3    § 2805-aa. General hospital facility directories. 1. No general hospi-
     4  tal shall include any patient in  a  facility  directory  without  first
     5  obtaining  verbal  and  written informed consent from the patient or the
     6  patient's legal representative. In order for such consent to  be  valid,
     7  the  general  hospital  shall  inform  the  patient that the information
     8  contained within the facility directory may be shared with  others,  and
     9  the patient shall receive a copy of the general hospital's policy on the
    10  facility directory.
    11    2. If the opportunity to consent to inclusion in the facility directo-
    12  ry  cannot  practicably be provided because of the patient's incapacity,
    13  provided the patient's legal representative is  not  practicably  avail-
    14  able,  or  an emergency circumstance, a general hospital may include the
    15  patient in the facility directory and may disclose such patient's  iden-
    16  tifying information, if such disclosure:
    17    (a) is consistent with a prior expressed preference of the individual,
    18  if any, that is known to the general hospital; and
    19    (b)  is  in  the  individual's best interest, as determined by general
    20  hospital staff, in the exercise of professional judgment.
    21    § 2. This act shall take effect eighteen months after  it  shall  have
    22  become a law.
 
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15606-04-6
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