NY State Senate Bill S7883

senate Bill S7883

2015-2016 Legislative Session

Relates to the establishment of a registry system for medical orders for life-sustaining treatment (MOLST)

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Archive: Last Bill Status - In Senate Committee Health Committee

Introduced
In Committee
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- Passed Senate
- Passed Assembly
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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 20, 2016	referred to health

S7883 (ACTIVE) - Details

See Assembly Version of this Bill:: A10644
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Amd §2994-dd, Pub Health L
Versions Introduced in 2017-2018 Legislative Session:: S966, A2316

S7883 (ACTIVE) - Summary

Provides for the establishment of a registry system for medical orders for life-sustaining treatment (MOLST) and provides for use of such forms as an alternative to a nonhospital order not to resuscitate.

S7883 (ACTIVE) - Sponsor Memo

 BILL NUMBER:  S7883

 TITLE OF BILL :

An act to amend the public health law, in relation to the
establishment of a registry system for medical orders for
life-sustaining treatment (MOLST)

 PURPOSE :

To support the long-term sustainability of the Medical Orders for
Life-Sustaining Treatment (MOLST) program by expressly referencing the
MOLST program in statute, creating an e-MOLST registry, and provide
for mandatory submission to the registry in order to accelerate the
digital transformation of the MOLST program.

 SUMMARY OF PROVISIONS :

Section 1 amends Section 2994-dd of the Public Health Law to expressly
reference and define the MOLST program in statute.

Section 2 amends the Public Health Law to direct the Department of
Health, or a designee of the Department of Health, to establish and
maintain an electronic system for collecting, maintaining, and
transmitting MOLST forms, to be known as the "New York State e-MOLST
Registry".

Section 3 amends the Public Health Law to require a health care
provider that completes and signs a medical order form DOH-5003 MOLST
or the electronic version of DOH-5003 MOLST ("eMOLST") to submit a
copy of the completed form to the Registry within fourteen days of
completion.

Section 4 prohibits the imposition of fees on practitioners or
patients that use MOLST or eMOLST to fund the operation of the
Registry.

Section 5 authorizes the Commissioner of Health to promulgate rules
and regulations necessary to establish, operate and maintain the
Registry.

 JUSTIFICATION :

The MOLST program, developed with the assistance of Excellus Blue
Cross Blue Shield and in collaboration with the Department of Health,
has grown into a statewide program that assists physicians and other
health care providers discuss and convey a patient's wishes regarding
cardiopulmonary resuscitation (CPR) and other life-sustaining
treatment. The MOLST form is the only authorized form in New York for
documenting both nonhospital DNR and DNI orders. The form is
beneficial to patients and providers as it provides specific medical
orders and is recognized all health care settings, including the
community. The MOLST program has grown to include a secure web-based
electronic version of the MOLST Form (eMOLST) and an electronic
database centrally housing eMOLST forms to allow 24/7 access in an
emergency.

New York has been a national leader in advanced care planning and
providing patients with opportunities and consumer protections to
ensure their preferences for treatment at the end of life are honored.
Recently, other states have passed legislation and invested
significant resources to further advance and sustain their MOLST
programs. This Bill would enhance the public-private partnership of
the program to ensure that it continues to benefit the residents of
New York.

The goals of the MOLST program align with the Department's development
innovative payment models and the triple aim. Health care policy is
beginning to recognize the importance of advance care planning. CMS
recently began reimbursing health care professionals for providing
advance care planning services to Medicare and Medicaid members. New
York State insurers have reimbursed health care professionals for
MOLST discussions and end of life care planning. Advancement of this
program will allow for more New York residents to ensure their
preferences for treatment at the end of life are honored.

 LEGISLATIVE HISTORY :

New Bill.

 FISCAL IMPLICATIONS :

Minimal.

 EFFECTIVE DATE :
This act shall take effect immediately.

S7883 (ACTIVE) - Bill Text download pdf

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

                                  7883

                            I N  S E N A T E

                              May 20, 2016
                               ___________

Introduced  by  Sen.  FUNKE  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Health

AN ACT to amend the public health law, in relation to the  establishment
  of  a registry system for medical orders for life-sustaining treatment
  (MOLST)

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

  Section  1.  Section  2994-dd  of  the public health law is amended by
adding a new subdivision 7 to read as follows:
  7. MEDICAL ORDERS FOR LIFE-SUSTAINING TREATMENT (MOLST) MEANS  MEDICAL
ORDERS  TO  PROVIDE, WITHHOLD OR WITHDRAW LIFE-SUSTAINING TREATMENT. THE
MOLST FORM IS THE ALTERNATIVE FORM AUTHORIZED BY THE COMMISSIONER  UNDER
SUBDIVISION FIVE OF THIS SECTION. THE MOLST FORM AND GUIDANCE AND CHECK-
LISTS  FOR  USING THE MOLST FORM FOR ANY PATIENT IN ANY SETTING SHALL BE
POSTED ON THE DEPARTMENT'S WEBSITE.
  S 2. Section 2994-dd of the public health law  is  amended  by  adding
four new subdivisions 8, 9, 10 and 11 to read as follows:
  8.  ESTABLISHMENT  OF  SYSTEM.  (A) THE DEPARTMENT OR THE DEPARTMENT'S
DESIGNEE SHALL, IN ACCORDANCE  WITH  THE  PROVISIONS  OF  THIS  SECTION,
ESTABLISH AND MAINTAIN AN ELECTRONIC SYSTEM FOR COLLECTING, MAINTAINING,
AND  TRANSMITTING  MOLST  FORMS AUTHORIZED UNDER SUBDIVISION SIX OF THIS
SECTION, TO BE KNOWN AS THE NEW YORK STATE EMOLST REGISTRY.
  (B) THE REGISTRY SHALL BE DESIGNED  TO  ACCEPT  PHYSICIAN  ORDER  FORM
DOH-5003  MOLST  AND THE ELECTRONIC VERSION OF DOH-5003 MOLST ("EMOLST")
COMPLETED BY A LICENSED PHYSICIAN.
  (C) THE DEPARTMENT SHALL ESTABLISH AND IMPLEMENT SUCH PROTOCOLS AS ARE
REASONABLY  NECESSARY  TO  ENSURE  THAT  INFORMATION   TRANSMITTED   AND
CONTAINED  IN  THE  REGISTRY  IS MAINTAINED IN A SECURE AND CONFIDENTIAL
MANNER AND IS ACCESSIBLE ONLY BY USERS DESIGNATED BY THE DEPARTMENT  AND
AVAILABLE  IN  AN EMERGENCY. SUCH PROTOCOLS SHALL INCLUDE A MECHANISM TO
MONITOR AND RECORD ACCESS TO THE REGISTRY.
  9. DUTY TO SUBMIT TO REGISTRY. ANY HEALTH CARE PROVIDER WHO  COMPLETES
AND  SIGNS A MEDICAL ORDER FORM DOH-5003 MOLST OR THE ELECTRONIC VERSION
OF DOH-5003 MOLST ("EMOLST") SHALL SUBMIT A COPY OF THE COMPLETED  MOLST

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

                                                           LBD15556-01-6

S. 7883                             2

FORM  TO  THE EMOLST REGISTRY WITHIN FOURTEEN DAYS OF COMPLETION OF SUCH
FORM IN ACCORDANCE WITH PROTOCOLS ESTABLISHED BY THE DEPARTMENT.
  10. OPERATION OF THE REGISTRY ESTABLISHED BY THIS SECTION SHALL NOT BE
FUNDED,  IN  WHOLE  OR  IN  PART,  BY FEES IMPOSED SPECIFICALLY FOR SUCH
PURPOSES UPON PRACTITIONERS OR PATIENTS USING MOLST.
  11. THE COMMISSIONER SHALL PROMULGATE SUCH RULES  AND  REGULATIONS  AS
ARE NECESSARY TO EFFECTUATE THE PROVISIONS OF THIS SECTION.
  S  3.  This  act  shall  take  effect  immediately; provided, however,
section two of this act shall take effect on the  first  of  April  next
succeeding the date on which it shall have become a law.

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The New York State Senate

senate Bill S7883

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Archive: Last Bill Status - In Senate Committee Health Committee

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S7883 (ACTIVE) - Details

S7883 (ACTIVE) - Summary

S7883 (ACTIVE) - Sponsor Memo

S7883 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S7883

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Sponsored By

Rich Funke

Archive: Last Bill Status - In Senate Committee Health Committee

Your Voice

Actions

S7883 (ACTIVE) - Details

S7883 (ACTIVE) - Summary

S7883 (ACTIVE) - Sponsor Memo

S7883 (ACTIVE) - Bill Text download pdf

Comments