Bill Text: NY A01150 | 2019-2020 | General Assembly | Introduced

New York Assembly Bill 1150 (Prior Session Legislation)

Introduced

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

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2020-01-08 - referred to health [A01150 Detail]

Download: New_York-2019-A01150-Introduced.html

                STATE OF NEW YORK
        ________________________________________________________________________
                                          1150
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 14, 2019
                                       ___________
        Introduced  by M. of A. GOTTFRIED, ABINANTI -- 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    § 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.
                                                                   LBD03495-01-9

        A. 1150                             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 provider's failure  or  refusal  to  adhere  to  or  accommodate  a
     6  patient's  health  care  decision  (i)  did  not cause physical, mental,
     7  emotional, or economic injury to the patient or (ii) improved the  phys-
     8  ical,  mental, or emotional condition of the patient. However, the pres-
     9  ence or absence of such injury or improvement may be considered  in  the
    10  measure of damages, penalty or other relief.
    11    (b)  A court may award damages for each day the health care provider's
    12  failure or refusal to adhere to or accommodate a patient's  health  care
    13  decision  in  the  amount  of  two thousand dollars for each day or such
    14  other amount as the court may deem 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 to provide a health care service or treatment in the absence of
    22  or contrary to a patient's consent, where authorized by law.
    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    § 2. This act shall take effect immediately.