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

                                  6739

                            I N  S E N A T E

                            February 2, 2010
                               ___________

Introduced  by  Sens.  HANNON, BONACIC, DeFRANCISCO, FARLEY, O. JOHNSON,
  LARKIN, MORAHAN, VOLKER -- read twice and ordered  printed,  and  when
  printed to be committed 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
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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

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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.