Assembly Bill A9693

                            
                    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.
              

                                                           LBD15039-01-4

A. 9693                             2

PHYSICAL, MENTAL, EMOTIONAL, OR ECONOMIC INJURY TO THE PATIENT  OR  (II)
IMPROVED  THE  PHYSICAL,  MENTAL, OR EMOTIONAL CONDITION OF THE PATIENT.
HOWEVER, THE PRESENCE OR ABSENCE OF SUCH INJURY OR  IMPROVEMENT  MAY  BE
CONSIDERED IN THE MEASURE OF DAMAGES, PENALTY OR OTHER RELIEF.
  (B) A COURT MAY AWARD DAMAGES FOR EACH DAY THE PATIENT IS SUBJECTED TO
A  HEALTH CARE SERVICE OR TREATMENT OR HEALTH CARE RESEARCH IN VIOLATION
OF THE PATIENT'S PATIENT HEALTH CARE DECISION,  IN  THE  AMOUNT  OF  TWO
THOUSAND DOLLARS FOR EACH DAY OR SUCH OTHER AMOUNT AS THE COURT MAY DEEM
JUST.
  (C)  A  WAIVER  BY  OR ON BEHALF OF A PATIENT OF THE RIGHT TO BRING AN
ACTION OR PROCEEDING UNDER THIS  SUBDIVISION  SHALL  BE  AGAINST  PUBLIC
POLICY AND SHALL BE VOID.
  (D)  LAWS  AND  RULES  RELATING  TO CIVIL ACTIONS OR PROCEEDINGS SHALL
APPLY, EXCEPT AS EXPLICITLY PROVIDED OTHERWISE IN THIS SECTION.
  3. THIS SECTION SHALL NOT  CHANGE  THE  AUTHORITY  OF  A  HEALTH  CARE
PROVIDER AUTHORIZED BY LAW TO PROVIDE A HEALTH CARE SERVICE OR TREATMENT
IN THE ABSENCE OF OR CONTRARY TO A PATIENT'S CONSENT.
  4.  NO HEALTH CARE PROVIDER SHALL SEEK OR ACCEPT PAYMENT OR REIMBURSE-
MENT FROM OR ON BEHALF OF THE PATIENT  OR  A  THIRD-PARTY  PAYER  FOR  A
HEALTH  CARE  SERVICE OR TREATMENT THAT IS PROVIDED IN THE ABSENCE OF OR
CONTRARY TO THE PATIENT'S CONSENT, UNLESS IT WAS AUTHORIZED BY LAW TO BE
PROVIDED IN THE ABSENCE OF OR CONTRARY TO THE PATIENT'S CONSENT.
  S 2. This act shall take effect immediately.