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

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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-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        2140--A
                              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 -- committee  discharged,  bill  amended,  ordered
         reprinted as amended and recommitted to said committee
       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.
                                                                  LBD02740-02-5
       A. 2140--A                          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    S 2. This act shall take effect immediately.