Assembly Bill A4954B

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4954
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 9, 2021
                                ___________
 
 Introduced by M. of A. PICHARDO, SAYEGH -- read once and referred to the
   Committee on Health
 
 AN  ACT  to amend the public health law, in relation to the provision of
   informed consent
 
   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, BUT NOT LIMITED TO:
   (I) a patient complaint and quality of care review process[,];
   (II) A RIGHT TO RECEIVE ALL INFORMATION  NECESSARY  TO  GIVE  INFORMED
 CONSENT FOR ANY PROPOSED PROCEDURE OR TREATMENT, AND ALTERNATE TREATMENT
 OPTIONS  INCLUDING  THE  POSSIBLE RISKS AND BENEFITS OF THE PROCEDURE OR
 TREATMENT TAKING INTO CONSIDERATION ANY KNOWN PRECONDITIONS;
   (III) A RIGHT TO BE INFORMED OF THE NAME, POSITION  AND  FUNCTIONS  OF
 ANY HOSPITAL STAFF INCLUDING MEDICAL STUDENTS AND PHYSICIANS EXEMPT FROM
 NEW  YORK STATE LICENSURE PURSUANT TO SECTION SIXTY-FIVE HUNDRED TWENTY-
 SIX OF THE EDUCATION LAW, INVOLVED IN A PATIENT'S CARE AND REFUSE  THEIR
 TREATMENT, EXAMINATION OR OBSERVATION;
   (IV)  A  RIGHT TO BE INFORMED OF ANY HUMAN RESEARCH AND TO VOLUNTARILY
 PROVIDE WRITTEN INFORMED CONSENT TO PARTICIPATE;
   (V) a right to an appropriate patient discharge plan and for  patients
 other  than  beneficiaries of title XVIII of the federal social security
 act (medicare); AND
   (VI) 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD05310-01-1

 A. 4954                             2
 
 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 representative 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  fourteen  days  before  admission.
 Such  statement  shall  also be conspicuously posted by the hospital and
 shall be a part of  the  patient's  admission  package.  Nothing  herein
 contained  shall  be  construed  to  limit  any  authority vested in the
 commissioner pursuant to this article related to the operation of hospi-
 tals and care and services provided to patients.
   § 2. This act shall take effect on the first of January next  succeed-
 ing  the date on which it shall have become a law.  Effective immediate-
 ly, the addition, amendment and/or repeal  of  any  rule  or  regulation
 necessary  for  the implementation of this act on its effective date are
 authorized to be made and completed on or before such effective date.

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4954--A
                                                         Cal. No. 317
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 9, 2021
                                ___________
 
 Introduced  by  M.  of  A.  PICHARDO,  SAYEGH,  JACKSON -- read once and
   referred to the  Committee  on  Health  --  reported  from  committee,
   advanced  to a third reading, amended and ordered reprinted, retaining
   its place on the order of third reading

 AN ACT to amend the public health law, in relation to the  provision  of
   informed consent
 
   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, BUT NOT LIMITED TO:
   (I) a patient complaint and quality of care review process[,];
   (II)  A  RIGHT  TO  RECEIVE ALL INFORMATION NECESSARY TO GIVE INFORMED
 CONSENT FOR ANY PROPOSED PROCEDURE OR TREATMENT, AND ALTERNATE TREATMENT
 OPTIONS INCLUDING THE POSSIBLE RISKS AND BENEFITS OF  THE  PROCEDURE  OR
 TREATMENT TAKING INTO CONSIDERATION ANY KNOWN PRECONDITIONS;
   (III)  A  RIGHT  TO BE INFORMED OF THE NAME, POSITION AND FUNCTIONS OF
 ANY HOSPITAL STAFF INCLUDING MEDICAL STUDENTS AND PHYSICIANS EXEMPT FROM
 NEW YORK STATE LICENSURE PURSUANT TO SECTION SIXTY-FIVE HUNDRED  TWENTY-
 SIX  OF THE EDUCATION LAW, WHO PROVIDE FACE-TO-FACE CARE TO THE PATIENT,
 AND REFUSE THEIR TREATMENT, EXAMINATION OR  OBSERVATION,  IN  ACCORDANCE
 WITH APPLICABLE LAW;
   (IV)  A  RIGHT  TO  BE  INFORMED  OF  ANY HUMAN SUBJECTS RESEARCH THAT
 DIRECTS OR ALTERS A PROCEDURE OR TREATMENT TO BE RECEIVED BY THE PATIENT
 AND TO VOLUNTARILY PROVIDE  WRITTEN  INFORMED  CONSENT  TO  PARTICIPATE,
 EXCEPT AS MAY OTHERWISE BE APPROVED BY A COMMITTEE RESPONSIBLE FOR SAFE-
 GUARDING  THE  RIGHTS  AND  WELFARE  OF THE RESEARCH PARTICIPANTS AT THE
 HOSPITAL IN ACCORDANCE WITH APPLICABLE LAW;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD05310-03-1

 A. 4954--A                          2
 
   (V) a right to an appropriate patient discharge plan and for  patients
 other  than  beneficiaries of title XVIII of the federal social security
 act (medicare); AND
   (VI)  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 representative 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 fourteen days before admission.
 Such statement shall also be conspicuously posted by  the  hospital  and
 shall  be  a  part  of  the  patient's admission package. Nothing herein
 contained shall be construed  to  limit  any  authority  vested  in  the
 commissioner pursuant to this article related to the operation of hospi-
 tals and care and services provided to patients.
   §  2. This act shall take effect on the first of January next succeed-
 ing the date on which it shall have become a law.  Effective  immediate-
 ly,  the  addition,  amendment  and/or  repeal of any rule or regulation
 necessary for the implementation of this act on its effective  date  are
 authorized to be made and completed on or before such effective date.