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Assembly Bill A11139A

2025-2026 Legislative Session

Requires hospitals to obtain verbal and written informed consent from a patient or representative before including such patient information in a general hospital facility directory

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Bill Amendments

2025-A11139 - Details

See Senate Version of this Bill:
S10164
Current Committee:
Assembly Rules
Law Section:
Public Health Law
Laws Affected:
Add §2805-aa, Pub Health L

2025-A11139 - Summary

Requires hospitals to obtain verbal and written informed consent from a patient or representative before including such patient's information in a general hospital facility directory.

2025-A11139 - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   11139
 
                           I N  A S S E M B L Y
 
                              April 24, 2026
                                ___________
 
 Introduced by M. of A. PAULIN -- read once and referred to the Committee
   on Health
 
 AN ACT to amend the public health law, in relation to a hospital patient
   directory
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 1 of section 2805 of the public health law,  as
 added by chapter 795 of the laws of 1965, is amended to read as follows:
   1.  No hospital shall be operated unless it shall: (a) possess a valid
 operating certificate issued pursuant to this article, which certificate
 may specify the kind or kinds  of  hospital  services  the  facility  is
 authorized  to  provide;  (b) establish and maintain a uniform system of
 cost analysis approved by the  commissioner;  [and]  (c)  establish  and
 maintain a uniform system of reports and audits meeting the requirements
 of  the  commissioner; AND (D) HAVE A DIRECTORY OF PATIENTS' INFORMATION
 THAT IS ESTABLISHED IN A MANNER WHICH THE PATIENT OR THE PATIENT'S LEGAL
 REPRESENTATIVE SHALL OPT IN AFTER INFORMED CONSENT.
   § 2. This act shall take effect eighteen months after  it  shall  have
 become a law.
 
 
 
 
 

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15606-01-6

2025-A11139A (ACTIVE) - Details

See Senate Version of this Bill:
S10164
Current Committee:
Assembly Rules
Law Section:
Public Health Law
Laws Affected:
Add §2805-aa, Pub Health L

2025-A11139A (ACTIVE) - Summary

Requires hospitals to obtain verbal and written informed consent from a patient or representative before including such patient's information in a general hospital facility directory.

2025-A11139A (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                 11139--A
 
                           I N  A S S E M B L Y
 
                              April 24, 2026
                                ___________
 
 Introduced by M. of A. PAULIN -- read once and referred to the Committee
   on  Health -- committee discharged, bill amended, ordered reprinted as
   amended and recommitted to said committee
 
 AN ACT to amend the public health law, in relation to consent to include
   patient information in a general hospital facility directory
 
   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
 2805-aa to read as follows:
   § 2805-AA. GENERAL HOSPITAL FACILITY DIRECTORIES. 1. NO GENERAL HOSPI-
 TAL SHALL INCLUDE ANY PATIENT IN  A  FACILITY  DIRECTORY  WITHOUT  FIRST
 OBTAINING  VERBAL  AND  WRITTEN INFORMED CONSENT FROM THE PATIENT OR THE
 PATIENT'S LEGAL REPRESENTATIVE. IN ORDER FOR SUCH CONSENT TO  BE  VALID,
 THE  GENERAL  HOSPITAL  SHALL  INFORM  THE  PATIENT THAT THE INFORMATION
 CONTAINED WITHIN THE FACILITY DIRECTORY MAY BE SHARED WITH  OTHERS,  AND
 THE PATIENT SHALL RECEIVE A COPY OF THE GENERAL HOSPITAL'S POLICY ON THE
 FACILITY DIRECTORY.
   2. IF THE OPPORTUNITY TO CONSENT TO INCLUSION IN THE FACILITY DIRECTO-
 RY  CANNOT  PRACTICABLY BE PROVIDED BECAUSE OF THE PATIENT'S INCAPACITY,
 PROVIDED THE PATIENT'S LEGAL REPRESENTATIVE IS  NOT  PRACTICABLY  AVAIL-
 ABLE,  OR  AN EMERGENCY CIRCUMSTANCE, A GENERAL HOSPITAL MAY INCLUDE THE
 PATIENT IN THE FACILITY DIRECTORY AND MAY DISCLOSE SUCH PATIENT'S  IDEN-
 TIFYING INFORMATION, IF SUCH DISCLOSURE:
   (A) IS CONSISTENT WITH A PRIOR EXPRESSED PREFERENCE OF THE INDIVIDUAL,
 IF ANY, THAT IS KNOWN TO THE GENERAL HOSPITAL; AND
   (B)  IS  IN  THE  INDIVIDUAL'S BEST INTEREST, AS DETERMINED BY GENERAL
 HOSPITAL STAFF, IN THE EXERCISE OF PROFESSIONAL JUDGMENT.
   § 2. This act shall take effect eighteen months after  it  shall  have
 become a law.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15606-04-6

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