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

                                  5484

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 28, 2013
                               ___________

Introduced  by  M. of A. ENGLEBRIGHT, SCHIMMINGER, RIVERA -- Multi-Spon-
  sored by -- M. of A.   BRENNAN, CAHILL,  CLARK,  SWEENEY,  WEISENBERG,
  WRIGHT -- read once and referred to the Committee on Health

AN ACT to amend the public health law, in relation to establishing with-
  in the department of health a health care proxy registry

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

  Section 1. Section 2980 of the public health law is amended by  adding
a new subdivision 16 to read as follows:
  16.  "HEALTH  CARE PROXY REGISTRY" OR "REGISTRY" MEANS THE HEALTH CARE
PROXY REGISTRY ESTABLISHED BY SECTION TWENTY-NINE  HUNDRED  EIGHTY-SIX-A
OF THIS ARTICLE.
  S  2. Subdivision 1 of section 2984 of the public health law, as added
by chapter 752 of the laws of 1990, is amended to read as follows:
  1. (A) A health care provider who is provided with a health care proxy
shall arrange for the proxy or a copy thereof  to  be  inserted  in  the
principal's  medical  record  if  the  health  care  proxy  has not been
included in such record.
  (B) WHERE THE PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVISION HAVE NOT
BEEN  MET  AND  THE  REQUIREMENTS   OF   SECTION   TWENTY-NINE   HUNDRED
EIGHTY-THREE OF THIS ARTICLE HAVE BEEN SATISFIED, AN ATTENDING PHYSICIAN
OR  HEALTH CARE PROVIDER SHALL CONTACT THE REGISTRY TO DETERMINE WHETHER
THE INDIVIDUAL HAS TRANSMITTED A HEALTH CARE PROXY TO THE  REGISTRY.  IN
THE  EVENT  SUCH INDIVIDUAL HAS TRANSMITTED HIS OR HER HEALTH CARE PROXY
TO THE REGISTRY, SUCH HEALTH CARE PROXY  OR  A  COPY  THEREOF  SHALL  BE
INSERTED IN THE PRINCIPAL'S MEDICAL RECORD.
  S  3.  The public health law is amended by adding a new section 2986-a
to read as follows:
  S 2986-A. HEALTH CARE PROXY REGISTRY. 1. DEFINITIONS. FOR THE PURPOSES
OF THIS SECTION, "HEALTH CARE PROXY" OR "HEALTH CARE PROXIES" SHALL MEAN

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09219-01-3

              

A. 5484                             2

A HEALTH CARE PROXY OR HEALTH CARE PROXIES PROPERLY EXECUTED PURSUANT TO
THIS ARTICLE.
  2.  HEALTH  CARE  PROXY  REGISTRY; ESTABLISHMENT. THE DEPARTMENT SHALL
ESTABLISH A HEALTH CARE PROXY REGISTRY, WHICH SHALL MAINTAIN HEALTH CARE
PROXIES SUBMITTED TO SUCH REGISTRY PURSUANT TO THIS SECTION AND  PROVIDE
ACCESS  TO SUCH REGISTRY BY ATTENDING PHYSICIANS AND HEALTH CARE PROVID-
ERS.
  3. TRANSMISSION OF HEALTH CARE PROXY TO THE REGISTRY.  AN  INDIVIDUAL,
REGARDLESS  OF HIS OR HER RESIDENCY, MAY TRANSMIT HIS OR HER HEALTH CARE
PROXY TO THE DEPARTMENT FOR PLACEMENT IN THE REGISTRY. SUCH TRANSMISSION
MAY BE VIA FIRST CLASS MAIL OR IN ANY OTHER  MANNER  PRESCRIBED  BY  THE
DEPARTMENT IN REGULATION.
  4.  ACCESS TO THE REGISTRY. THE DEPARTMENT SHALL ESTABLISH A STRAIGHT-
FORWARD, EASILY ACCESSIBLE MECHANISM TO PROVIDE  HEALTH  CARE  PROVIDERS
ACCESS  TO  THE  REGISTRY.    SUCH ACCESS MAY BE THROUGH A WEBSITE-BASED
SYSTEM OR A TOLL-FREE CALLING SYSTEM. SUCH REGISTRY  SHALL  COMPLY  WITH
ALL  STATE  AND  FEDERAL LAWS AND REGULATIONS RELATED TO MAINTAINING THE
PRIVACY AND CONFIDENTIALITY OF RECORDS CONTAINED WITHIN THE REGISTRY.
  5. REVOCATION OR MODIFICATION OF A HEALTH CARE PROXY. WHEN AN INDIVID-
UAL HAS REVOKED OR MODIFIED HIS OR HER HEALTH CARE PROXY,  IT  SHALL  BE
SUCH  INDIVIDUAL'S RESPONSIBILITY TO NOTIFY THE REGISTRY OF SUCH REVOCA-
TION, OR TO TRANSMIT TO THE REGISTRY SUCH MODIFIED REGISTRY.
  6. LIABILITY. NEITHER THE  DEPARTMENT,  NOR  THE  REGISTRY,  SHALL  BE
CIVILLY  OR CRIMINALLY LIABLE FOR PROVIDING, UPON REQUEST, A HEALTH CARE
PROXY TO AN ATTENDING HEALTH CARE PROVIDER, IF SUCH  HEALTH  CARE  PROXY
BEING  PROVIDED  PURSUANT  TO  THIS SECTION HAS BEEN REVOKED OR MODIFIED
PURSUANT TO THIS ARTICLE BY THE INDIVIDUAL  FOR  WHOM  THE  HEALTH  CARE
PROXY HAS BEEN CREATED AND SUCH INDIVIDUAL HAS FAILED TO TRANSMIT TO THE
REGISTRY PURSUANT TO THIS SECTION NOTIFICATION OF SUCH REVOCATION OR, AS
THE  CASE MAY BE, FAILED TO TRANSMIT PURSUANT TO THIS SECTION SUCH MODI-
FIED HEALTH CARE PROXY.
  S 4. The department of health shall promulgate regulations  to  imple-
ment  the  provisions  of  this  act, which shall include, at a minimum,
provisions affording attending health care providers reasonable opportu-
nity to contact the health care proxy registry, at no cost to the health
care provider.
  S 5. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided  that  any  rules  and  regulations
necessary  to implement the provisions of this act on its effective date
are authorized and directed to be completed on or before such  effective
date.