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Senate Bill S10164A

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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Current Bill Status - In Senate Committee Health Committee

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Bill Amendments

2025-S10164 - Details

See Assembly Version of this Bill:
A11139
Current Committee:
Senate Health
Law Section:
Public Health Law
Laws Affected:
Add §2805-aa, Pub Health L

2025-S10164 - 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-S10164 - Sponsor Memo

2025-S10164 - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10164
 
                             I N  S E N A T E
 
                                May 1, 2026
                                ___________
 
 Introduced  by  Sen.  CLEARE -- read twice and ordered printed, and when
   printed to be committed 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-S10164A (ACTIVE) - Details

See Assembly Version of this Bill:
A11139
Current Committee:
Senate Health
Law Section:
Public Health Law
Laws Affected:
Add §2805-aa, Pub Health L

2025-S10164A (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-S10164A (ACTIVE) - Sponsor Memo

2025-S10164A (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                 10164--A
 
                             I N  S E N A T E
 
                                May 1, 2026
                                ___________
 
 Introduced  by  Sen.  CLEARE -- read twice and ordered printed, and when
   printed to be committed  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.
                                                            LBD15606-05-6

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