NY State Senate Bill 2023-S6616

Current Bill Status - In Senate Committee Health Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to health
May 01, 2023	referred to health

co-Sponsors

2023-S6616 (ACTIVE) - Details

See Assembly Version of this Bill:: A5297
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Add §2831, Pub Health L; amd §6507, Ed L

2023-S6616 (ACTIVE) - Summary

Prohibits hospital interference with patient care where the practitioner is acting in good faith and within the scope of their practice.

2023-S6616 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S6616

SPONSOR: MAY
 
TITLE OF BILL:

An act to amend the public health law and the education law, in relation
to prohibited hospital interference with patient care

 
PURPOSE:

To prohibit hospitals from preventing health care practitioners from
providing medically accurate information and care related pregnancy
complications

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one amends the public health law to create a new section 2831
that states a hospital shall not (a) limit a health care practitioner's
provision of medically accurate and comprehensive information and
resources to a patient regarding the patient's health status or (b)
prohibit a practitioner from providing health care services related to
complication of pregnancy. This section also prohibits a hospital from

limiting a health care provider's practice to protect patients' physical
safety and provides that a healthcare entity shall not discharge,
demote, suspend, discipline, discriminate or otherwise retaliate against
a healthcare practitioner for engaging in communications or providing
services consistent with this section.

Section two amends the education law to require the department, assisted
by the board for each profession, to ensure each licensee, registrant,
or recipient of a limited permit receive the information prepared by the
department of health under PHL section 2831.

Section three state if any clause, sentence, paragraph, section or part
of this act be adjudged by any court of competent jurisdiction to be
invalid, such judgment shall not affect, impair or invalidate the
remainder hereof but shall be applied in its operation to the clause,
sentence, paragraph, section or part hereof directly involved in the
controversy in which such judgment shall have been rendered.

Section four provides the effective date.

 
JUSTIFICATION:

This legislation would prohibit hospitals from preventing health care
practitioners from providing medically accurate information and care
related to complications of pregnancy to patients in line with the prac-
titioner's own professional judgment. Some hospitals choose to limit the
provision of medically accurate information and care for reasons based
on the bureaucratic decision-making of non-medical personnel, rather
than for medical reasons or hospital capacity. For example, hospital
policies that prohibit the provision of abortion have resulted in the
delayed provision and denial of treatment for pregnancy complications
and miscarriages, which places pregnant people at risk.

In order to address these concerns, this legislation would prohibit
hospitals from, preventing health care providers from communicating
medically accurate and Comprehensive' information about a patient's
diagnosis, prognosis and treatment option's, as well, as information
About available services and where and how to obtain them. Consistent
with the federal Emergency Medical Treatment and Active Labor ("EMTA-
LA"), it would also prohibit hospitals from limiting' the provision of
services to treat pregnancy complications and miscarriages, which the
failure to provide would Violate the accepted Standard of care or when
the absence of medical attention could reasonably be expected to pose a
risk to the patient's life or result in bodily harm.

Moreover, in order to ensure that the legislation is effective in
achieving its goals, it would require the Department of Health and the
state Education Department,to publicly post information on the law and
provide this information periodically to licensed health Care providers,
Prohibit hospitals from retaliating against providers who deliver infor-
mation or render care consistent with the provisions of the law and
provide a private right of action for providers and patients to remedy
violations of the law.

 
PRIOR LEGISLATIVE HISTORY:

New Bill.

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect immediately

2023-S6616 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6616
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                                May 1, 2023
                                ___________
 
 Introduced  by  Sen.  MAY  --  read  twice and ordered printed, and when
   printed to be committed to the Committee on Health
 
 AN ACT to amend the public health law and the education law, in relation
   to prohibited hospital interference with patient care
 
   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
 2831 to read as follows:
   § 2831. INTERFERENCE WITH CARE; PROHIBITED. 1. EXCEPT AS  PROVIDED  IN
 SUBDIVISION  TWO OF THIS SECTION, IF A HEALTH CARE PRACTITIONER LICENSED
 PURSUANT TO TITLE EIGHT OF THE EDUCATION LAW IS ACTING  IN  GOOD  FAITH,
 WITHIN  THE  PRACTITIONER'S  SCOPE  OF PRACTICE, AND WITHIN THE RELEVANT
 STANDARD OF CARE, A HOSPITAL SHALL NOT:
   (A) LIMIT THE HEALTH CARE PRACTITIONER'S PROVISION OF MEDICALLY  ACCU-
 RATE  AND COMPREHENSIVE INFORMATION AND RESOURCES TO A PATIENT REGARDING
 THE PATIENT'S HEALTH STATUS INCLUDING, BUT NOT  LIMITED  TO,  DIAGNOSIS,
 PROGNOSIS,  RECOMMENDED  TREATMENT,  TREATMENT ALTERNATIVES, INFORMATION
 ABOUT AVAILABLE SERVICES AND WHERE AND  HOW  TO  OBTAIN  THEM,  AND  ANY
 POTENTIAL RISKS TO THE PATIENT'S HEALTH OR LIFE; OR
   (B)  PROHIBIT  THE HEALTH CARE PRACTITIONER FROM PROVIDING HEALTH CARE
 SERVICES RELATED TO COMPLICATIONS OF PREGNANCY, INCLUDING BUT NOT LIMIT-
 ED TO HEALTH SERVICES RELATED TO MISCARRIAGE  MANAGEMENT  AND  TREATMENT
 FOR  ECTOPIC  PREGNANCIES,  IN  CASES  IN  WHICH  FAILURE TO PROVIDE THE
 SERVICE WOULD VIOLATE THE ACCEPTED STANDARD OF CARE OR WHEN THE  PATIENT
 PRESENTS  A  MEDICAL  CONDITION  MANIFESTING ITSELF BY ACUTE SYMPTOMS OF
 SUFFICIENT SEVERITY SUCH THAT THE ABSENCE  OF  MEDICAL  ATTENTION  COULD
 REASONABLY BE EXPECTED TO POSE A RISK:
   I. TO THE PATIENT'S LIFE; OR
   II. OF IRREVERSIBLE COMPLICATIONS OR IMPAIRMENT TO THE PATIENT'S BODI-
 LY FUNCTIONS OR ANY BODILY ORGAN OR PART.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08299-02-3
 S. 6616                             2

 
   2. NOTHING IN THIS SECTION PROHIBITS A HOSPITAL FROM LIMITING A HEALTH
 CARE PROVIDER'S PRACTICE TO PROTECT PATIENTS' PHYSICAL SAFETY.
   3.  A  HEALTH CARE ENTITY SHALL NOT DISCHARGE, DEMOTE, SUSPEND, DISCI-
 PLINE, DISCRIMINATE OR OTHERWISE RETALIATE AGAINST A HEALTH CARE PRACTI-
 TIONER FOR ENGAGING IN COMMUNICATIONS OR PROVIDING  SERVICES  CONSISTENT
 WITH THIS SECTION.
   4.  THE  DEPARTMENT  SHALL  DESIGN, PREPARE, AND MAKE AVAILABLE ONLINE
 WRITTEN MATERIALS TO CLEARLY INFORM HEALTH CARE PRACTITIONERS AND  STAFF
 OF THE PROVISIONS OF THIS SECTION.
   5.  A  PATIENT,  A  HEALTH CARE PRACTITIONER, OR AN INDIVIDUAL, WHO IS
 AGGRIEVED BY A VIOLATION OF SUBDIVISION ONE OF THIS SECTION, MAY BRING A
 CIVIL ACTION AGAINST A HOSPITAL TO ENJOIN  FURTHER  VIOLATIONS,  RECOVER
 DAMAGES OR BOTH, AND SHALL RECOVER COSTS AND REASONABLE ATTORNEYS' FEES.
   § 2. Subdivision 3 of section 6507 of the education law, is amended by
 adding a new paragraph d to read as follows:
   D.  ENSURE  THAT  EACH LICENSEE, REGISTRANT, OR RECIPIENT OF A LIMITED
 PERMIT TO BE A PHYSICIAN, PHYSICIAN'S ASSISTANT,  SPECIALIST  ASSISTANT,
 PHARMACIST, PHARMACY TECHNICIAN, REGISTERED PROFESSIONAL NURSE, LICENSED
 PRACTICAL NURSE, NURSE PRACTITIONER, CLINICAL NURSE SPECIALIST, MIDWIFE,
 PSYCHOLOGIST,  LICENSED  MASTER  SOCIAL WORKER, LICENSED CLINICAL SOCIAL
 WORKER,  OCCUPATIONAL  THERAPIST,  OCCUPATIONAL  THERAPY  ASSISTANT,  OR
 MENTAL  HEALTH  PRACTITIONER  RECEIVES, UPON LICENSURE, REGISTRATION, OR
 ISSUANCE OF A LIMITED PERMIT, THE INFORMATION PREPARED BY THE DEPARTMENT
 OF HEALTH UNDER SUBDIVISION FOUR OF SECTION TWENTY-EIGHT  HUNDRED  THIR-
 TY-ONE  OF THE PUBLIC HEALTH LAW. LICENSEES, REGISTRANTS, AND RECIPIENTS
 OF LIMITED PERMITS SHALL BE ENCOURAGED TO SHARE THE INFORMATION PROVIDED
 WITH THEIR COLLEAGUES WHO ARE NOT SUBJECT TO STATE LICENSURE.
   § 3. If any clause, sentence, paragraph, section or part of  this  act
 be  adjudged  by any court of competent jurisdiction to be invalid, such
 judgment shall not affect, impair or invalidate the remainder hereof but
 shall be applied in its operation to the  clause,  sentence,  paragraph,
 section  or  part  hereof  directly involved in the controversy in which
 such judgment shall have been rendered.
   § 4. This act shall take effect immediately.

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Senate Bill S6616

Sponsored By

Current Bill Status - In Senate Committee Health Committee

co-Sponsors

2023-S6616 (ACTIVE) - Details

2023-S6616 (ACTIVE) - Summary

2023-S6616 (ACTIVE) - Sponsor Memo

2023-S6616 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S6616

Share this bill

Sponsored By

Rachel May

Current Bill Status - In Senate Committee Health Committee

co-Sponsors

Nathalia Fernandez

Andrew Gounardes

Robert Jackson

Lea Webb

2023-S6616 (ACTIVE) - Details

2023-S6616 (ACTIVE) - Summary

2023-S6616 (ACTIVE) - Sponsor Memo

2023-S6616 (ACTIVE) - Bill Text download pdf

Comments