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.