NY State Senate Bill 2013-S5638

Senate Bill S5638

2013-2014 Legislative Session

Requires pre-admission notification of policies authorizing the refusal to follow directives in health care proxies that are contrary to a hospital's operating principles

download bill text pdf

Archive: Last 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

View Actions (2)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2014	referred to health
May 30, 2013	referred to health

2013-S5638 (ACTIVE) - Details

See Assembly Version of this Bill:: A721
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Amd §§§2984 & 2994-n, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A4902
2015-2016: A1003
2017-2018: A5127
2019-2020: A108
2021-2022: A210
2023-2024: A76
2025-2026: A121

2013-S5638 (ACTIVE) - Summary

Requires pre-admission notification of policies authorizing the refusal to follow directives in health care proxies that are contrary to a hospital's operating principals.

2013-S5638 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S5638

TITLE OF BILL:  An act to amend the public health law, in relation to
requiring pre-admission notification of policies authorizing the
refusal to follow directives in health care proxies that are contrary
to a hospital's operating principles

PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this legislation is to amend the pre-admission
disclosure protocols of hospitals relating to the refusal to follow
directives specified in health care proxies.

SUMMARY OF SPECIFIC PROVISIONS:

This bill would amend paragraph a of subdivision 3 of section 2984 of
the public health law.

JUSTIFICATION:

Public Health Law Section 2984 requires that health care providers
honor advance directives with one exception: the exception provides
that an agent's health care decision does not have to be honored
because the decision is contrary to a formally adopted policy of the
hospital that is expressly based on religious beliefs or sincerely
held moral convictions central to the facility's operating principles

and the hospital would be permitted by law to refuse to honor the
decision if made by the principal.

Notice of such policy must now be given either to the patient or the
health care agent prior to or upon admission, if reasonably possible.
It is not sufficient to give notice of the policy upon admission or
after admission, which the policy allows. Once the patient is in the
institution, it is cumbersome to alter care plans, and it creates a
burden on the patient and family members to transfer the patient to
another facility.

In one situation a patient was treated in an institution against his
and his health care agent's wishes because timely notice had not been
given and it was very difficult to transfer the patient to another
facility. The NYS Department of Health upheld a complaint against the
facility.

The law should be amended to require that notice be given prior to
admission except in emergency situations. If such information is given
upon admission or later, an explanation as to why such information was
not given prior to admission shall be given to the patient or health
care agent or other lawful surrogate, and shall be placed in writing
in the patient's medical record.

PRIOR LEGISLATIVE HISTORY:

New bill. Assembly bill died on 3rd Rdg. In 2001 and 2012.

FISCAL IMPLICATIONS:

None.


EFFECTIVE DATE:

This act shall take effect on the sixtieth day after it shall have
become a law.

2013-S5638 (ACTIVE) - Bill Text download pdf

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

                                  5638

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 30, 2013
                               ___________

Introduced  by  Sen.  SAVINO -- 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 requiring  pre-ad-
  mission  notification  of  policies  authorizing the refusal to follow
  directives in health care proxies that are contrary  to  a  hospital's
  operating principles

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

  Section 1. Paragraph (a) of subdivision  3  of  section  2984  of  the
public  health  law,  as  amended  by  chapter 8 of the laws of 2010, is
amended to read as follows:
  (a) the hospital has informed the patient or the health care agent  of
such  policy  prior  to  [or  upon]  admission, [if reasonably possible]
PROVIDED, THAT IN THE CASE OF  AN  EMERGENCY,  THE  INFORMATION  MAY  BE
PROVIDED  AS SOON AS REASONABLY POSSIBLE UPON OR AFTER ADMISSION, AND IF
SUCH INFORMATION IS GIVEN UPON ADMISSION OR LATER, AN EXPLANATION AS  TO
WHY  SUCH INFORMATION WAS NOT GIVEN PRIOR TO ADMISSION SHALL BE GIVEN TO
THE PATIENT OR HEALTH CARE AGENT AND SHALL BE PLACED  IN  THE  PATIENT'S
MEDICAL RECORD; and
  S  2.  Paragraph  (b) of subdivision 1 of section 2994-n of the public
health law, as added by chapter 8 of the laws of  2010,  is  amended  to
read as follows:
  (b)  The  hospital  has  informed the patient, family, or surrogate of
such policy prior to  [or  upon]  admission,  [if  reasonably  possible]
PROVIDED,  THAT  IN  THE  CASE  OF  AN EMERGENCY, THE INFORMATION MAY BE
PROVIDED AS SOON AS REASONABLY POSSIBLE UPON OR AFTER ADMISSION, AND  IF
SUCH  INFORMATION IS GIVEN UPON ADMISSION OR LATER, AN EXPLANATION AS TO
WHY SUCH INFORMATION WAS NOT GIVEN PRIOR TO ADMISSION SHALL BE GIVEN  TO
THE  PATIENT  OR  HEALTH CARE AGENT AND SHALL BE PLACED IN THE PATIENT'S
MEDICAL RECORD; and
  S 3. This act shall take effect on the sixtieth  day  after  it  shall
have become a law.

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

                                                           LBD04433-01-3

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