Bill Text: NY A05484 | 2013-2014 | General Assembly | Introduced


Bill Title: Establishes a health care proxy registry within the department of health to maintain the health care proxies of persons electing to submit proxies to such registry and to provide access thereto by attending health care providers.

Spectrum: Partisan Bill (Democrat 9-0)

Status: (Introduced - Dead) 2014-01-08 - referred to health [A05484 Detail]

Download: New_York-2013-A05484-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5484
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 28, 2013
                                      ___________
       Introduced  by  M. of A. ENGLEBRIGHT, SCHIMMINGER, RIVERA -- Multi-Spon-
         sored by -- M. of A.   BRENNAN, CAHILL,  CLARK,  SWEENEY,  WEISENBERG,
         WRIGHT -- read once and referred to the Committee on Health
       AN ACT to amend the public health law, in relation to establishing with-
         in the department of health a health care proxy registry
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 2980 of the public health law is amended by  adding
    2  a new subdivision 16 to read as follows:
    3    16.  "HEALTH  CARE PROXY REGISTRY" OR "REGISTRY" MEANS THE HEALTH CARE
    4  PROXY REGISTRY ESTABLISHED BY SECTION TWENTY-NINE  HUNDRED  EIGHTY-SIX-A
    5  OF THIS ARTICLE.
    6    S  2. Subdivision 1 of section 2984 of the public health law, as added
    7  by chapter 752 of the laws of 1990, is amended to read as follows:
    8    1. (A) A health care provider who is provided with a health care proxy
    9  shall arrange for the proxy or a copy thereof  to  be  inserted  in  the
   10  principal's  medical  record  if  the  health  care  proxy  has not been
   11  included in such record.
   12    (B) WHERE THE PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVISION HAVE NOT
   13  BEEN  MET  AND  THE  REQUIREMENTS   OF   SECTION   TWENTY-NINE   HUNDRED
   14  EIGHTY-THREE OF THIS ARTICLE HAVE BEEN SATISFIED, AN ATTENDING PHYSICIAN
   15  OR  HEALTH CARE PROVIDER SHALL CONTACT THE REGISTRY TO DETERMINE WHETHER
   16  THE INDIVIDUAL HAS TRANSMITTED A HEALTH CARE PROXY TO THE  REGISTRY.  IN
   17  THE  EVENT  SUCH INDIVIDUAL HAS TRANSMITTED HIS OR HER HEALTH CARE PROXY
   18  TO THE REGISTRY, SUCH HEALTH CARE PROXY  OR  A  COPY  THEREOF  SHALL  BE
   19  INSERTED IN THE PRINCIPAL'S MEDICAL RECORD.
   20    S  3.  The public health law is amended by adding a new section 2986-a
   21  to read as follows:
   22    S 2986-A. HEALTH CARE PROXY REGISTRY. 1. DEFINITIONS. FOR THE PURPOSES
   23  OF THIS SECTION, "HEALTH CARE PROXY" OR "HEALTH CARE PROXIES" SHALL MEAN
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09219-01-3
       A. 5484                             2
    1  A HEALTH CARE PROXY OR HEALTH CARE PROXIES PROPERLY EXECUTED PURSUANT TO
    2  THIS ARTICLE.
    3    2.  HEALTH  CARE  PROXY  REGISTRY; ESTABLISHMENT. THE DEPARTMENT SHALL
    4  ESTABLISH A HEALTH CARE PROXY REGISTRY, WHICH SHALL MAINTAIN HEALTH CARE
    5  PROXIES SUBMITTED TO SUCH REGISTRY PURSUANT TO THIS SECTION AND  PROVIDE
    6  ACCESS  TO SUCH REGISTRY BY ATTENDING PHYSICIANS AND HEALTH CARE PROVID-
    7  ERS.
    8    3. TRANSMISSION OF HEALTH CARE PROXY TO THE REGISTRY.  AN  INDIVIDUAL,
    9  REGARDLESS  OF HIS OR HER RESIDENCY, MAY TRANSMIT HIS OR HER HEALTH CARE
   10  PROXY TO THE DEPARTMENT FOR PLACEMENT IN THE REGISTRY. SUCH TRANSMISSION
   11  MAY BE VIA FIRST CLASS MAIL OR IN ANY OTHER  MANNER  PRESCRIBED  BY  THE
   12  DEPARTMENT IN REGULATION.
   13    4.  ACCESS TO THE REGISTRY. THE DEPARTMENT SHALL ESTABLISH A STRAIGHT-
   14  FORWARD, EASILY ACCESSIBLE MECHANISM TO PROVIDE  HEALTH  CARE  PROVIDERS
   15  ACCESS  TO  THE  REGISTRY.    SUCH ACCESS MAY BE THROUGH A WEBSITE-BASED
   16  SYSTEM OR A TOLL-FREE CALLING SYSTEM. SUCH REGISTRY  SHALL  COMPLY  WITH
   17  ALL  STATE  AND  FEDERAL LAWS AND REGULATIONS RELATED TO MAINTAINING THE
   18  PRIVACY AND CONFIDENTIALITY OF RECORDS CONTAINED WITHIN THE REGISTRY.
   19    5. REVOCATION OR MODIFICATION OF A HEALTH CARE PROXY. WHEN AN INDIVID-
   20  UAL HAS REVOKED OR MODIFIED HIS OR HER HEALTH CARE PROXY,  IT  SHALL  BE
   21  SUCH  INDIVIDUAL'S RESPONSIBILITY TO NOTIFY THE REGISTRY OF SUCH REVOCA-
   22  TION, OR TO TRANSMIT TO THE REGISTRY SUCH MODIFIED REGISTRY.
   23    6. LIABILITY. NEITHER THE  DEPARTMENT,  NOR  THE  REGISTRY,  SHALL  BE
   24  CIVILLY  OR CRIMINALLY LIABLE FOR PROVIDING, UPON REQUEST, A HEALTH CARE
   25  PROXY TO AN ATTENDING HEALTH CARE PROVIDER, IF SUCH  HEALTH  CARE  PROXY
   26  BEING  PROVIDED  PURSUANT  TO  THIS SECTION HAS BEEN REVOKED OR MODIFIED
   27  PURSUANT TO THIS ARTICLE BY THE INDIVIDUAL  FOR  WHOM  THE  HEALTH  CARE
   28  PROXY HAS BEEN CREATED AND SUCH INDIVIDUAL HAS FAILED TO TRANSMIT TO THE
   29  REGISTRY PURSUANT TO THIS SECTION NOTIFICATION OF SUCH REVOCATION OR, AS
   30  THE  CASE MAY BE, FAILED TO TRANSMIT PURSUANT TO THIS SECTION SUCH MODI-
   31  FIED HEALTH CARE PROXY.
   32    S 4. The department of health shall promulgate regulations  to  imple-
   33  ment  the  provisions  of  this  act, which shall include, at a minimum,
   34  provisions affording attending health care providers reasonable opportu-
   35  nity to contact the health care proxy registry, at no cost to the health
   36  care provider.
   37    S 5. This act shall take effect on the one hundred eightieth day after
   38  it shall have become a law; provided  that  any  rules  and  regulations
   39  necessary  to implement the provisions of this act on its effective date
   40  are authorized and directed to be completed on or before such  effective
   41  date.
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