Assembly Bill A9693

2013-2014 Legislative Session

Relates to judicial and administrative procedures for vindicating patient health care decisions

download bill text pdf

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Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2013-A9693 (ACTIVE) - Details

Current Committee:
Assembly Health
Law Section:
Public Health Law
Laws Affected:
Add ยง2999-a-1, Pub Health L
Versions Introduced in Other Legislative Sessions:
2015-2016: A2140
2017-2018: A4274
2019-2020: A1150
2021-2022: A250

2013-A9693 (ACTIVE) - Summary

Relates to judicial and administrative procedures for vindicating patient health care decisions.

2013-A9693 (ACTIVE) - Bill Text download pdf

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

                                  9693

                          I N  A S S E M B L Y

                              May 16, 2014
                               ___________

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

AN ACT to amend the public health law, in relation to protecting patient
  health care decisions

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

  Section  1.  The  public health law is amended by adding a new section
2999-a-1 to read as follows:
  S 2999-A-1. PROTECTION OF PATIENT HEALTH CARE  DECISIONS.  1.    DEFI-
NITIONS. AS USED IN THIS SECTION, THE FOLLOWING TERMS HAVE THE FOLLOWING
MEANING:
  (A)  "PATIENT  HEALTH  CARE  DECISION"  MEANS AN INDIVIDUAL'S DECISION
(HOWEVER EXPRESSED OR RECORDED) TO CONSENT TO, REFUSE CONSENT TO,  WITH-
DRAW  CONSENT  TO,  OR  DEMAND  ANY  HEALTH CARE SERVICE OR TREATMENT OR
HEALTH CARE RESEARCH TO BE PROVIDED TO OR PARTICIPATED IN BY  THE  INDI-
VIDUAL, WHICH A HEALTH CARE PROVIDER IS LEGALLY REQUIRED TO ADHERE TO OR
ACCOMMODATE,  AND  OF WHICH THE HEALTH CARE PROVIDER KNOWS OR REASONABLY
SHOULD KNOW.
  (B) "PATIENT" MEANS THE INDIVIDUAL WHO IS OR WOULD BE THE RECIPIENT OF
THE HEALTH CARE SERVICE OR TREATMENT OR THE SUBJECT OF THE  HEALTH  CARE
RESEARCH.  WHERE  A PATIENT LACKS CAPACITY TO MAKE A PATIENT HEALTH CARE
DECISION AND AN INDIVIDUAL WHO HAS LEGAL AUTHORITY  TO  DO  SO  LAWFULLY
MAKES THE PATIENT HEALTH CARE DECISION, THE PATIENT HEALTH CARE DECISION
SHALL  BE DEEMED, FOR PURPOSES OF THIS SECTION, TO BE THE PATIENT HEALTH
CARE DECISION OF THE PATIENT.
  (C) "HEALTH CARE" INCLUDES BOTH PHYSICAL AND MENTAL HEALTH CARE.
  (D) "HEALTH CARE PROVIDER"  MEANS  AN  INDIVIDUAL  OR  ENTITY  LEGALLY
AUTHORIZED  TO  PROVIDE  A HEALTH CARE SERVICE OR TREATMENT OR ENGAGE IN
HEALTH CARE RESEARCH.
  2. IN A JUDICIAL OR ADMINISTRATIVE ACTION OR PROCEEDING RELATING TO  A
HEALTH  CARE PROVIDER'S FAILURE OR REFUSAL TO ADHERE TO OR ACCOMMODATE A
PATIENT'S PATIENT HEALTH CARE DECISION:
  (A) THE ACTION OR PROCEEDING SHALL NOT BE BARRED  BECAUSE  THE  HEALTH
CARE  SERVICE  OR  TREATMENT  OR  HEALTH CARE RESEARCH (I) DID NOT CAUSE

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

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