S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7551
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 13, 2021
                                ___________
 
 Introduced  by M. of A. ENGLEBRIGHT, GOTTFRIED -- read once and referred
   to the Committee on Health
 
 AN ACT to amend the public health law, in  relation  to  establishing  a
   health care decisions document registry
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The public health law is amended by adding  a  new  section
 2986-a to read as follows:
   §  2986-A. HEALTH CARE DECISIONS DOCUMENT REGISTRY. 1. AS USED IN THIS
 SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING  MEANINGS,  UNLESS
 THE CONTEXT CLEARLY REQUIRES OTHERWISE:
   (A) "HEALTH CARE DECISIONS DOCUMENT" OR "DOCUMENT" INCLUDES BUT IS NOT
 LIMITED  TO  A  HEALTH  CARE  PROXY  UNDER THIS ARTICLE, AN ORDER NOT TO
 RESUSCITATE UNDER ARTICLE TWENTY-NINE-B  OF  THIS  CHAPTER,  A  DOCUMENT
 EXPRESSING  THE  PATIENT'S  WISHES  OR  BELIEFS  RELATING  TO  TREATMENT
 (COMMONLY REFERRED TO AS A "LIVING WILL"), A NONHOSPITAL  ORDER  NOT  TO
 RESUSCITATE  UNDER  ARTICLE TWENTY-NINE-CCC OF THIS CHAPTER OR ANY JUDI-
 CIAL ORDER DESIGNATING AN INDIVIDUAL AS A GUARDIAN  AUTHORIZED  TO  MAKE
 ANY  HEALTH  CARE  DECISION  FOR A PATIENT; INCLUDING SUCH A DOCUMENT IN
 ELECTRONIC OR OTHER FORM.
   (B) "HEALTH CARE DECISIONS DOCUMENT REGISTRY" OR "REGISTRY" MEANS  THE
 SYSTEM  ESTABLISHED  BY  THE  COMMISSIONER UNDER SUBDIVISION TWO OF THIS
 SECTION.
   2. THE COMMISSIONER SHALL ESTABLISH AND MAINTAIN THE HEALTH CARE DECI-
 SIONS DOCUMENT  REGISTRY,  WHICH  SHALL  BE  AN  ELECTRONIC  SYSTEM  FOR
 COLLECTING,  MAINTAINING,  AND  TRANSMITTING HEALTH CARE DECISIONS DOCU-
 MENTS, INCLUDING A SEARCHABLE DATABASE OF INFORMATION.
   3. THE REGISTRY SHALL BE SEARCHABLE BY HEALTH CARE PROVIDERS AND SHALL
 BE CAPABLE OF RETRIEVING HEALTH CARE DECISIONS DOCUMENTS INCLUDED IN THE
 REGISTRY AND PRODUCING AND DISTRIBUTING DIGITAL  COPIES  OF  SUCH  DOCU-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11260-01-1
              

 A. 7551                             2
 
 MENTS.  DIGITAL  COPIES OF SUCH DOCUMENTS PRODUCED BY THE REGISTRY SHALL
 BE LEGALLY VALID AS IF COPIED FROM THE ORIGINAL DOCUMENT.
   4.  THE REGISTRY SHALL INCLUDE IDENTIFYING AND CONTACT INFORMATION FOR
 THE PATIENT AND, AS APPROPRIATE, THE  PATIENT'S  HEALTH  CARE  AGENT  OR
 OTHER  PERSON  WHO  IS OR IS LIKELY TO BE AUTHORIZED TO MAKE HEALTH CARE
 DECISIONS FOR THE PATIENT WHEN THE PATIENT LACKS DECISION-MAKING CAPACI-
 TY, AND APPROPRIATE HEALTH CARE PROFESSIONALS.
   5. ANY PATIENT OR HIS OR HER HEALTH CARE AGENT,  SURROGATE,  ATTENDING
 PRACTITIONER, OR OTHER PERSON ACTING ON THE PATIENT'S BEHALF, MAY SUBMIT
 A  COPY OF A PATIENT'S HEALTH CARE DECISIONS DOCUMENT TO THE REGISTRY IN
 ACCORDANCE WITH PROTOCOLS ESTABLISHED BY THE COMMISSIONER.
   6. WHEN A DOCUMENT PREVIOUSLY  SUBMITTED  TO  THE  REGISTRY  HAS  BEEN
 REVOKED  OR  MODIFIED BY THE MAKER OF THE DOCUMENT, IT SHALL BE THE DUTY
 OF THE INDIVIDUAL WHO SUBMITTED THE DOCUMENT TO THE REGISTRY TO TRANSMIT
 TO THE REGISTRY NOTIFICATION OF SUCH REVOCATION OR MODIFICATION PROMPTLY
 WHEN THE INDIVIDUAL LEARNS OF THE REVOCATION OR MODIFICATION.
   7. THE COMMISSIONER SHALL ESTABLISH REQUIREMENTS AND  A  MECHANISM  TO
 PROVIDE  HEALTH  CARE PROVIDERS ACCESS TO THE REGISTRY, EITHER THROUGH A
 WEBSITE-BASED SYSTEM OR TOLL-FREE CALLING SYSTEM.
   8. THE COMMISSIONER SHALL ESTABLISH AND IMPLEMENT PROTOCOLS TO  ENSURE
 THAT  DOCUMENTS  AND  INFORMATION  TRANSMITTED  TO  AND CONTAINED IN THE
 REGISTRY ARE MAINTAINED IN A SECURE AND CONFIDENTIAL MANNER, ARE  ACCES-
 SIBLE ONLY BY USERS DESIGNATED BY THE COMMISSIONER, AND ARE AVAILABLE IN
 AN  EMERGENCY.   SUCH PROTOCOLS SHALL INCLUDE A MECHANISM TO MONITOR AND
 RECORD ACCESS TO THE REGISTRY.
   9. THERE SHALL BE NO FEE OR CHARGE FOR SUBMITTING A DOCUMENT OR INFOR-
 MATION TO OR STORING IT ON THE  REGISTRY,  SEARCHING  THE  REGISTRY,  OR
 OBTAINING A COPY OF A DOCUMENT OR INFORMATION FROM THE REGISTRY.
   10.  THE  COMMISSIONER  MAY ENTER INTO A CONTRACT FOR THE OPERATION OF
 THE REGISTRY, SUBJECT TO SUCH TERMS AND CONDITIONS AS MAY  BE  CONTAINED
 WITHIN SUCH CONTRACT, WITH A NOT-FOR-PROFIT ORGANIZATION. THE CONTRACTOR
 MAY SUBCONTRACT AS NEEDED FOR THE EFFECTIVE PERFORMANCE OF THE CONTRACT.
 ALL  SUCH  SUBCONTRACTORS  AND  THE  TERMS OF SUCH SUBCONTRACTS SHALL BE
 SUBJECT TO APPROVAL BY THE COMMISSIONER.
   11. THE COMMISSIONER SHALL MAKE REGULATIONS UNDER THIS SECTION.
   § 2. This act shall take effect immediately.