Assembly Bill A4902

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

                                  4902

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 9, 2011
                               ___________

Introduced by M. of A. ROSENTHAL, GOTTFRIED -- read once and referred to
  the Committee on Health

AN  ACT to amend the public health law, in relation to requiring pre-ad-
  mission notification of policies authorizing  the  refusal  to  follow
  directives  in  health  care proxies that are contrary to a hospital's
  operating principles

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Paragraph  (a)  of  subdivision  3 of section 2984 of the
public health law, as amended by chapter 8  of  the  laws  of  2010,  is
amended to read as follows:
  (a)  the hospital has informed the patient or the health care agent of
such policy prior to  [or  upon]  admission,  [if  reasonably  possible]
PROVIDED,  THAT  IN  THE  CASE  OF  AN EMERGENCY, THE INFORMATION MAY BE
PROVIDED AS SOON AS REASONABLY POSSIBLE UPON OR AFTER ADMISSION, AND  IF
SUCH  INFORMATION IS GIVEN UPON ADMISSION OR LATER, AN EXPLANATION AS TO
WHY SUCH INFORMATION WAS NOT GIVEN PRIOR TO ADMISSION SHALL BE GIVEN  TO
THE  PATIENT  OR  HEALTH CARE AGENT AND SHALL BE PLACED IN THE PATIENT'S
MEDICAL RECORD; and
  S 2. Paragraph (b) of subdivision 1 of section 2994-n  of  the  public
health  law,  as  added  by chapter 8 of the laws of 2010, is amended to
read as follows:
  (b) The hospital has informed the patient,  family,  or  surrogate  of
such  policy  prior  to  [or  upon]  admission, [if reasonably possible]
PROVIDED, THAT IN THE CASE OF  AN  EMERGENCY,  THE  INFORMATION  MAY  BE
PROVIDED  AS SOON AS REASONABLY POSSIBLE UPON OR AFTER ADMISSION, AND IF
SUCH INFORMATION IS GIVEN UPON ADMISSION OR LATER, AN EXPLANATION AS  TO
WHY  SUCH INFORMATION WAS NOT GIVEN PRIOR TO ADMISSION SHALL BE GIVEN TO
THE PATIENT OR HEALTH CARE AGENT AND SHALL BE PLACED  IN  THE  PATIENT'S
MEDICAL RECORD; and
  S  3.  This  act  shall take effect on the sixtieth day after it shall
have become a law.

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

                                                           LBD09112-01-1