S T A T E   O F   N E W   Y O R K
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                                  3450

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 27, 2009
                               ___________

Introduced  by  M. of A. ENGLEBRIGHT, SCHIMMINGER, J. RIVERA, SCHROEDER,
  FIELDS, PHEFFER -- Multi-Sponsored by -- M.  of  A.  BRENNAN,  CAHILL,
  CLARK,  JOHN, McENENY, SWEENEY, TOWNS, 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:

  Section  1. Section 2980 of the public health law is amended by adding
a new subdivision 16 to read as follows:
  16. "HEALTH CARE PROXY REGISTRY" OR "REGISTRY" MEANS THE  HEALTH  CARE
PROXY  REGISTRY ESTABLISHED BY SECTION TWENTY-NINE HUNDRED NINETY-FOUR-A
OF THIS ARTICLE.
  S 2. Subdivision 1 of section 2984 of the public health law, as  added
by chapter 752 of the laws of 1990, is amended to read as follows:
  1. (A) A health care provider who is provided with a health care proxy
shall  arrange  for  the  proxy  or a copy thereof to be inserted in the
principal's medical record  if  the  health  care  proxy  has  not  been
included in such record.
  (B) WHERE THE PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVISION HAVE NOT
BEEN   MET   AND   THE   REQUIREMENTS  OF  SECTION  TWENTY-NINE  HUNDRED
EIGHTY-THREE OF THIS ARTICLE HAVE BEEN SATISFIED, AN ATTENDING PHYSICIAN
OR HEALTH CARE PROVIDER SHALL CONTACT THE REGISTRY TO DETERMINE  WHETHER
THE  INDIVIDUAL  HAS TRANSMITTED A HEALTH CARE PROXY TO THE REGISTRY. IN
THE EVENT SUCH INDIVIDUAL HAS TRANSMITTED HIS OR HER HEALTH  CARE  PROXY
TO  THE  REGISTRY,  SUCH  HEALTH  CARE  PROXY OR A COPY THEREOF SHALL BE
INSERTED IN THE PRINCIPAL'S MEDICAL RECORD.
  S 3. The public health law is amended by adding a new  section  2994-a
to read as follows:
  S 2994-A. HEALTH CARE PROXY REGISTRY. 1. DEFINITIONS. FOR THE PURPOSES
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.
                                                           LBD04018-01-9
              

A. 3450                             2

A HEALTH CARE PROXY OR HEALTH CARE PROXIES PROPERLY EXECUTED PURSUANT TO
THIS ARTICLE.
  2.  HEALTH  CARE  PROXY  REGISTRY; ESTABLISHMENT. THE DEPARTMENT SHALL
ESTABLISH A HEALTH CARE PROXY REGISTRY, WHICH SHALL MAINTAIN HEALTH CARE
PROXIES SUBMITTED TO SUCH REGISTRY PURSUANT TO THIS SECTION AND  PROVIDE
ACCESS  TO SUCH REGISTRY BY ATTENDING PHYSICIANS AND HEALTH CARE PROVID-
ERS.
  3. TRANSMISSION OF HEALTH CARE PROXY TO THE REGISTRY.  AN  INDIVIDUAL,
REGARDLESS  OF HIS OR HER RESIDENCY, MAY TRANSMIT HIS OR HER HEALTH CARE
PROXY TO THE DEPARTMENT FOR PLACEMENT IN THE REGISTRY. SUCH TRANSMISSION
MAY BE VIA FIRST CLASS MAIL OR IN ANY OTHER  MANNER  PRESCRIBED  BY  THE
DEPARTMENT IN REGULATION.
  4.  ACCESS TO THE REGISTRY. THE DEPARTMENT SHALL ESTABLISH A STRAIGHT-
FORWARD, EASILY ACCESSIBLE MECHANISM TO PROVIDE  HEALTH  CARE  PROVIDERS
ACCESS  TO  THE  REGISTRY.    SUCH ACCESS MAY BE THROUGH A WEBSITE-BASED
SYSTEM OR A TOLL-FREE CALLING SYSTEM. SUCH REGISTRY  SHALL  COMPLY  WITH
ALL  STATE  AND  FEDERAL LAWS AND REGULATIONS RELATED TO MAINTAINING THE
PRIVACY AND CONFIDENTIALITY OF RECORDS CONTAINED WITHIN THE REGISTRY.
  5. REVOCATION OR MODIFICATION OF A HEALTH CARE PROXY. WHEN AN INDIVID-
UAL HAS REVOKED OR MODIFIED HIS OR HER HEALTH CARE PROXY,  IT  SHALL  BE
SUCH  INDIVIDUAL'S RESPONSIBILITY TO NOTIFY THE REGISTRY OF SUCH REVOCA-
TION, OR TO TRANSMIT TO THE REGISTRY SUCH MODIFIED REGISTRY.
  6. LIABILITY. NEITHER THE  DEPARTMENT,  NOR  THE  REGISTRY,  SHALL  BE
CIVILLY  OR CRIMINALLY LIABLE FOR PROVIDING, UPON REQUEST, A HEALTH CARE
PROXY TO AN ATTENDING HEALTH CARE PROVIDER, IF SUCH  HEALTH  CARE  PROXY
BEING  PROVIDED  PURSUANT  TO  THIS SECTION HAS BEEN REVOKED OR MODIFIED
PURSUANT TO THIS ARTICLE BY THE INDIVIDUAL  FOR  WHOM  THE  HEALTH  CARE
PROXY HAS BEEN CREATED AND SUCH INDIVIDUAL HAS FAILED TO TRANSMIT TO THE
REGISTRY PURSUANT TO THIS SECTION NOTIFICATION OF SUCH REVOCATION OR, AS
THE  CASE MAY BE, FAILED TO TRANSMIT PURSUANT TO THIS SECTION SUCH MODI-
FIED HEALTH CARE PROXY.
  S 4. The department of health shall promulgate regulations  to  imple-
ment  the  provisions  of  this  act, which shall include, at a minimum,
provisions affording attending health care providers reasonable opportu-
nity to contact the health care proxy registry, at no cost to the health
care provider.
  S 5. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided  that  any  rules  and  regulations
necessary  to implement the provisions of this act on its effective date
are authorized and directed to be completed on or before such  effective
date.