Assembly Bill A5127

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5127
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 6, 2017
                                ___________
 
 Introduced  by M. of A. ROSENTHAL, GOTTFRIED, BRONSON -- Multi-Sponsored
   by -- M. of A.  GLICK, LUPARDO, McKEVITT -- read once and referred  to
   the Committee on Health
 
 AN  ACT to amend the public health law, in relation to requiring pre-ad-
   mission notification of policies authorizing  the  refusal  to  follow
   directives  in  health  care proxies that are contrary to a hospital's
   operating principles
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraph  (a)  of  subdivision  3 of section 2984 of the
 public health law, as amended by chapter 8  of  the  laws  of  2010,  is
 amended to read as follows:
   (a)  the hospital has informed the patient or the health care agent of
 such policy prior to  [or  upon]  admission,  [if  reasonably  possible]
 PROVIDED,  THAT  IN  THE  CASE  OF  AN EMERGENCY, THE INFORMATION MAY BE
 PROVIDED AS SOON AS REASONABLY POSSIBLE UPON OR AFTER ADMISSION, AND  IF
 SUCH  INFORMATION IS GIVEN UPON ADMISSION OR LATER, AN EXPLANATION AS TO
 WHY SUCH INFORMATION WAS NOT GIVEN PRIOR TO ADMISSION SHALL BE GIVEN  TO
 THE  PATIENT  OR  HEALTH CARE AGENT AND SHALL BE PLACED IN THE PATIENT'S
 MEDICAL RECORD; and
   § 2. Paragraph (b) of subdivision 1 of section 2994-n  of  the  public
 health  law,  as  added  by chapter 8 of the laws of 2010, is amended to
 read as follows:
   (b) The hospital has informed the patient,  family,  or  surrogate  of
 such  policy  prior  to  [or  upon]  admission, [if reasonably possible]
 PROVIDED, THAT IN THE CASE OF  AN  EMERGENCY,  THE  INFORMATION  MAY  BE
 PROVIDED  AS SOON AS REASONABLY POSSIBLE UPON OR AFTER ADMISSION, AND IF
 SUCH INFORMATION IS GIVEN UPON ADMISSION OR LATER, AN EXPLANATION AS  TO
 WHY  SUCH INFORMATION WAS NOT GIVEN PRIOR TO ADMISSION SHALL BE GIVEN TO
 THE PATIENT OR HEALTH CARE AGENT AND SHALL BE PLACED  IN  THE  PATIENT'S
 MEDICAL RECORD; and
   §  3.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.
 
              

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05092-01-7