senate Bill S5811

2013-2014 Legislative Session

Requires health care facilities to respect each patient's religious beliefs with regard to the provision of health care

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Archive: Last Bill Status - Passed Senate


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 10, 2014 referred to health
delivered to assembly
passed senate
May 28, 2014 advanced to third reading
May 21, 2014 2nd report cal.
May 20, 2014 1st report cal.869
Jan 08, 2014 referred to health
returned to senate
died in assembly
Jun 20, 2013 referred to health
delivered to assembly
passed senate
ordered to third reading cal.1547
Jun 17, 2013 referred to rules

Votes

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May 20, 2014 - Health committee Vote

S5811
17
0
committee
17
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Health committee vote details

Jun 20, 2013 - Rules committee Vote

S5811
25
0
committee
25
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Rules committee vote details

Co-Sponsors

S5811 - Bill Details

See Assembly Version of this Bill:
A8056
Current Committee:
Law Section:
Public Health Law
Laws Affected:
Amd §§2803 & 2803-c, Pub Health L

S5811 - Bill Texts

view summary

Requires health care facilities to respect each patient's religious beliefs with regard to the provision of health care.

view sponsor memo
BILL NUMBER:S5811

TITLE OF BILL: An act to amend the public health law, in relation to
requiring health care facilities to respect each patient's religious
beliefs with regard to the provision of care

PURPOSE: Ensures patient's are informed of their civil and religious
liberties, health care facilities facilitate the exercise of such, and
that religious beliefs are respected with regard to withholding or
withdrawing life sustaining treatments.

SUMMARY OF PROVISIONS:

Section one amends Public Health Law (PHL) § 2803(1)(g) to require the
hospital statement of rights and responsibilities to include the right
to independent personal decisions pursuant to PHL § 2803-c(3)(a).

Section two amends PHL § 2803-c(3)(a) to provide that facilities shall
facilitate and assist patient's in exercising their civil and
religious liberties including the right to independent person
decisions and knowledge of available choices. This section also
provides that every patient's religious beliefs shall be respected
with regard to withholding or withdrawing life sustaining treatments
or discharge from a facility.

Section three provides the effective date.

JUSTIFICATION: This bill amends the nursing home and hospital patient
bill of rights to ensure patient's are informed of their civil and
religious liberties and to ensure facilities assist and facilitate the
exercise of these rights. Further, the bill clarifies that every
patient's religious beliefs shall be respected with regard to
withholding or withdrawing life sustaining treatments or discharge
from a facility.

LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: 90 days after it shall become law

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

                                  5811

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              June 17, 2013
                               ___________

Introduced  by  Sens.  HANNON,  FELDER, GOLDEN -- read twice and ordered
  printed, and when printed to be committed to the Committee on Rules

AN ACT to amend the public health law, in relation to  requiring  health
  care  facilities  to  respect  each  patient's  religious beliefs with
  regard to the provision of care

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

  Section  1.    Paragraph  (g)  of subdivision 1 of section 2803 of the
public health law, as added by chapter 2 of the laws of 1988, is amended
to read as follows:
  (g) The commissioner shall require that every general  hospital  adopt
and  make  public  an identical statement of the rights and responsibil-
ities of patients, including a patient complaint  and  quality  of  care
review  process,  a  right  to  an appropriate patient discharge plan, A
RIGHT TO INDEPENDENT PERSONAL  DECISIONS  PURSUANT  TO  PARAGRAPH  A  OF
SUBDIVISION  THREE OF SECTION TWENTY-EIGHT HUNDRED THREE-C OF THIS ARTI-
CLE and, for patients other than beneficiaries of  title  XVIII  of  the
federal social security act (medicare), a right to a discharge review in
accordance  with  section  twenty-eight hundred three-i of this article.
The form and content of such statement shall be determined in accordance
with rules and regulations adopted by the council and  approved  by  the
commissioner.  A patient who requires continuing health care services in
accordance  with  such  patient's  discharge  plan may not be discharged
until such services are secured or determined  by  the  hospital  to  be
reasonably  available to the patient. Each general hospital shall give a
copy of the statement to each patient, or the appointed personal  repre-
sentative  of  the  patient  at or prior to the time of admission to the
general hospital, as long as  the  patient  or  the  appointed  personal
representative of the patient receives such notice no earlier than four-
teen  days  before admission. Such statement shall also be conspicuously
posted by the hospital and shall be a part of  the  patient's  admission

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11503-04-3

S. 5811                             2

package.  Nothing  herein  contained  shall  be  construed  to limit any
authority vested in the commissioner pursuant to this article related to
the operation of hospitals and care and services provided to patients.
  S  2.  Paragraph  a  of  subdivision 3 of section 2803-c of the public
health law, as added by chapter 648 of the laws of 1975, is  amended  to
read as follows:
  a.  Every patient's civil and religious liberties, including the right
to independent personal decisions and knowledge  of  available  choices,
shall not be infringed and the facility shall [encourage] FACILITATE and
assist  in  the  fullest  possible  exercise  of  these  rights.   EVERY
PATIENT'S RELIGIOUS BELIEFS SHALL BE RESPECTED WITH REGARD TO  WITHHOLD-
ING  OR  WITHDRAWING  LIFE  SUSTAINING  TREATMENTS,  OR DISCHARGE FROM A
FACILITY. IF SUCH PATIENT IS INCAPACITATED, SUCH DETERMINATION SHALL  BE
MADE BY THEIR AGENT OR SURROGATE AS APPLICABLE BY LAW.
  S  3.  This  act shall take effect on the ninetieth day after it shall
have become a law.

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