S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2271
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 12, 2017
                                ___________
 
 Introduced  by  Sen.  HANNON -- 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  health
   care  facilities  to  respect  each  patient's  religious beliefs with
   regard to the provision of care

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.    Paragraph  (g)  of subdivision 1 of section 2803 of the
 public health law, as added by chapter 2 of the laws of 1988, is amended
 to read as follows:
   (g) The commissioner shall require that every general  hospital  adopt
 and  make  public  an identical statement of the rights and responsibil-
 ities of patients, including a patient complaint  and  quality  of  care
 review  process,  a  right  to  an appropriate patient discharge plan, A
 RIGHT TO INDEPENDENT PERSONAL  DECISIONS  PURSUANT  TO  PARAGRAPH  A  OF
 SUBDIVISION  THREE OF SECTION TWENTY-EIGHT HUNDRED THREE-C OF THIS ARTI-
 CLE and, for patients other than beneficiaries of  title  XVIII  of  the
 federal social security act (medicare), a right to a discharge review in
 accordance  with  section  twenty-eight hundred three-i of this article.
 The form and content of such statement shall be determined in accordance
 with rules and regulations adopted by the council and  approved  by  the
 commissioner.  A patient who requires continuing health care services in
 accordance  with  such  patient's  discharge  plan may not be discharged
 until such services are secured or determined  by  the  hospital  to  be
 reasonably  available to the patient. Each general hospital shall give a
 copy of the statement to each patient, or the appointed personal  repre-
 sentative  of  the  patient  at or prior to the time of admission to the
 general hospital, as long as  the  patient  or  the  appointed  personal
 representative of the patient receives such notice no earlier than four-
 teen  days  before admission. Such statement shall also be conspicuously
 posted by the hospital and shall be a part of  the  patient's  admission
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD02909-01-7

 S. 2271                             2
 
 package.  Nothing  herein  contained  shall  be  construed  to limit any
 authority vested in the commissioner pursuant to this article related to
 the operation of hospitals and care and services provided to patients.
   §  2.  Paragraph  a  of  subdivision 3 of section 2803-c of the public
 health law, as added by chapter 648 of the laws of 1975, is  amended  to
 read as follows:
   a.  Every patient's civil and religious liberties, including the right
 to independent personal decisions and knowledge  of  available  choices,
 shall not be infringed and the facility shall [encourage] FACILITATE and
 assist  in  the  fullest  possible  exercise  of  these  rights.   EVERY
 PATIENT'S RELIGIOUS BELIEFS SHALL BE RESPECTED WITH REGARD TO  WITHHOLD-
 ING  OR  WITHDRAWING  LIFE  SUSTAINING  TREATMENTS,  OR DISCHARGE FROM A
 FACILITY. IF SUCH PATIENT IS INCAPACITATED, SUCH DETERMINATION SHALL  BE
 MADE BY THEIR AGENT OR SURROGATE AS APPLICABLE BY LAW.
   §  3.  This  act shall take effect on the ninetieth day after it shall
 have become a law.