Assembly Bill A2675A

2013-2014 Legislative Session

Requires health care providers to disclose errors in diagnosis, treatment, services that provider knows has caused substantial harm or significant risk thereof

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Archive: Last Bill Status - On Floor Calendar


  • 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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Bill Amendments

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2013-A2675 - Details

Law Section:
Public Health Law
Laws Affected:
Add §2805-x, Pub Health L
Versions Introduced in Other Legislative Sessions:
2009-2010: A1673
2011-2012: A655

2013-A2675 - Summary

Requires health care providers (i.e., an entity licensed/certified under certain articles of the public health law or the mental hygiene law, a health care practitioner licensed/registered/certified under title eight of the education law, or a provider of pharmaceutical products/services or durable medical equipment) to disclose errors in diagnosis, treatment or other services that the provider knows has caused substantial harm or significant risk of substantial harm; provides there shall be a rebuttable presumption that the provider knew of the error and the harm or risk of harm if, under the circumstances, the provider reasonably should have had knowledge thereof; provides such disclosure shall be made within a reasonable period of time and be reasonably understandable.

2013-A2675 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2675

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 17, 2013
                               ___________

Introduced  by  M.  of  A.  GOTTFRIED, GALEF, GANTT, MAGNARELLI, PAULIN,
  PERRY, RIVERA, BOYLAND -- Multi-Sponsored by  --  M.  of  A.  BRENNAN,
  COLTON,  DINOWITZ,  HOOPER,  JACOBS,  ORTIZ,  WRIGHT  -- read once and
  referred to the Committee on Health

AN ACT to amend the public health law, in relation to  requiring  health
  care  providers to inform patients or their representatives of certain
  errors in diagnosis, treatment or other services

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Legislative findings. The legislature finds that the Ameri-
can  Medical  Association (AMA) has expressed its support for physicians
providing full disclosure to  their  patients  regarding  their  medical
treatments  and  conditions.  The  AMA's council on ethical and judicial
affairs has stated: "It is a  fundamental  ethical  requirement  that  a
physician  should  at  all times deal honestly and openly with patients.
Patients have a right to know their past and present medical status  and
to  be  free of any mistaken beliefs concerning their conditions.  Situ-
ations occasionally occur in which a patient suffers significant medical
complications that may have resulted from  the  physician's  mistake  or
judgment.  In  these  situations, the physician is ethically required to
inform the patient of all the facts necessary to ensure understanding of
what has occurred. Only through full disclosure is  a  patient  able  to
make  informed  decisions regarding future medical care."  The AMA adds:
"Concern regarding legal liability which might result following truthful
disclosure should not affect the physician's honesty  with  a  patient."
(code  of medical ethics: current opinions of the council on ethical and
judicial affairs, AMA Policy Finder, E-8.12, updated  June,  1994.)  The
legislature  further  finds  that this ethical mandate ought to have the
support of law, and ought to apply not only to physicians,  but  to  all
health care providers.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01435-01-3

              

co-Sponsors

multi-Sponsors

2013-A2675A (ACTIVE) - Details

Law Section:
Public Health Law
Laws Affected:
Add §2805-x, Pub Health L
Versions Introduced in Other Legislative Sessions:
2009-2010: A1673
2011-2012: A655

2013-A2675A (ACTIVE) - Summary

Requires health care providers (i.e., an entity licensed/certified under certain articles of the public health law or the mental hygiene law, a health care practitioner licensed/registered/certified under title eight of the education law, or a provider of pharmaceutical products/services or durable medical equipment) to disclose errors in diagnosis, treatment or other services that the provider knows has caused substantial harm or significant risk of substantial harm; provides there shall be a rebuttable presumption that the provider knew of the error and the harm or risk of harm if, under the circumstances, the provider reasonably should have had knowledge thereof; provides such disclosure shall be made within a reasonable period of time and be reasonably understandable.

2013-A2675A (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 2675--A
                                                        Cal. No. 555

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 17, 2013
                               ___________

Introduced  by  M.  of  A.  GOTTFRIED, GALEF, GANTT, MAGNARELLI, PAULIN,
  PERRY, RIVERA -- Multi-Sponsored by  --  M.  of  A.  BRENNAN,  COLTON,
  DINOWITZ,  HOOPER,  JACOBS,  ORTIZ, WEINSTEIN, WRIGHT -- read once and
  referred to the Committee on Health -- recommitted to the Committee on
  Health in accordance with Assembly Rule 3,  sec.  2  --  reported  and
  referred  to  the  Committee  on  Codes  --  reported  from committee,
  advanced to a third reading, amended and ordered reprinted,  retaining
  its place on the order of third reading

AN  ACT  to amend the public health law, in relation to requiring health
  care providers to inform patients or their representatives of  certain
  errors in diagnosis, treatment or other services

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Legislative findings. The legislature finds that the Ameri-
can Medical Association (AMA) has expressed its support  for  physicians
providing  full  disclosure  to  their  patients regarding their medical
treatments and conditions. The AMA's council  on  ethical  and  judicial
affairs  has  stated:  "It  is  a fundamental ethical requirement that a
physician should at all times deal honestly and  openly  with  patients.
Patients  have a right to know their past and present medical status and
to be free of any mistaken beliefs concerning their conditions.    Situ-
ations occasionally occur in which a patient suffers significant medical
complications  that  may  have  resulted from the physician's mistake or
judgment. In these situations, the physician is  ethically  required  to
inform the patient of all the facts necessary to ensure understanding of
what  has  occurred.  Only  through full disclosure is a patient able to
make informed decisions regarding future medical care."   The AMA  adds:
"Concern regarding legal liability which might result following truthful
disclosure  should  not  affect the physician's honesty with a patient."
(code of medical ethics: current opinions of the council on ethical  and
judicial  affairs,  AMA  Policy Finder, E-8.12, updated June, 1994.) The

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

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