S T A T E   O F   N E W   Y O R K
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                                  4545

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 4, 2011
                               ___________

Introduced  by  M.  of  A.  ENGLEBRIGHT -- 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 EIGHTY-SIX-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  2986-a
to read as follows:
  S 2986-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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07943-01-1
              

A. 4545                             2

  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.