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

                                 6081--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            October 30, 2015
                               ___________

Introduced  by Sens. HANNON, ORTT -- read twice and ordered printed, and
  when printed to be committed to the Committee on Rules --  recommitted
  to the Committee on Health in accordance with Senate Rule 6, sec. 8 --
  reported  favorably from said committee and committed to the Committee
  on Finance -- committee discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee

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:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10023-02-6
              

S. 6081--A                          2

  S 2986-A. HEALTH CARE PROXY REGISTRY. 1. DEFINITIONS. FOR THE PURPOSES
OF THIS SECTION, "HEALTH CARE PROXY" OR "HEALTH CARE PROXIES" SHALL MEAN
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, HEALTH CARE PROVIDERS
AND THE PRINCIPAL OF A HEALTH CARE PROXY.
  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
AND  THE  PRINCIPAL OF A HEALTH CARE PROXY 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, effective immediately, 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.