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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A108
SPONSOR: Rosenthal L (MS) TITLE OF BILL: An act to amend the public health law, in relation to
requiring pre-admission notification of policies authorizing the refusal
to follow directives in health care proxies that are contrary to a
hospital's operating principles
PURPOSE:
This bill amends the pre-admission disclosure protocols of hospitals
relating to the refusal to follow directives specified in health care
proxies.
SUMMARY OF SPECIFIC PROVISIONS:
Section one amends paragraph (a) of subdivision 3 of section 2984 of the
public health law.
Section two amends Paragraph (b) of subdivision 1 of section 2994-n of
the public health law. Section three sets forth the effective date.
JUSTIFICATION:
Public Health Law Section 2984 requires that health care providers honor
advance directives with one exception: the exception provides that an
agent's health care decision does not have to be honored because the
decision is contrary to a formally adopted policy of the hospital that
is expressly based on religious beliefs or sincerely held moral
convictions central to the facility's operating principles and the
hospital would be permitted by law to refuse to honor the decision if
made by the principal.
Notice of such policy must now be given either to the patient or the
health care agent prior to or upon admission, if reasonably possible.
It is not sufficient to give notice of the policy upon admission or
after admission, which the policy allows. Once the patient is in the
institution, it is cumbersome to alter care plans, and it creates a
burden on the patient and family members to transfer the patient to
another facility.
In one situation a patient was treated in an institution against his and
his health care agent's wishes because timely notice had not been given
and it was very difficult to transfer the patient to another facility.
The NYS Department of Health upheld a complaint against the facility.
The law should be amended to require that notice be given prior to
admission except in emergency situations. If such information is given
upon admission or later, an explanation as to why such information was
not given prior to admission shall be given to the patient or health
care agent or other lawful surrogate, and shall be placed in writing in
the patient's medical record.
LEGISLATIVE HISTORY:
2017-18: A.5127 - Advanced to Third Reading Calendar
2015-16: A.1003 - Advanced to Third Reading Calendar
2013-14: A.721 - Advanced to Third Reading Calendar; S.5638 - Referred
to Health
2011-12: A.4902 - Advanced to Third Reading Calendar
FISCAL IMPLICATIONS:
None to the State.
EFFECTIVE DATE:
This bill shall take effect on the sixtieth day after it shall have
become a law.
STATE OF NEW YORK
________________________________________________________________________
108
2019-2020 Regular Sessions
IN ASSEMBLY(Prefiled)
January 9, 2019
___________
Introduced by M. of A. L. ROSENTHAL, GOTTFRIED, BRONSON -- 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.
LBD01855-01-9
A. 108 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.
