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.