S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7385
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 29, 2019
                                ___________
 
 Introduced  by M. of A. D'URSO, ENGLEBRIGHT -- 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.
   § 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.
   §  3.  The public health law is amended by adding a new section 2986-a
 to read as follows:
   § 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.

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

                                                            LBD09405-01-9

 A. 7385                             2
 
   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.
   § 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.
   § 5. This act shall take effect on the one hundred eightieth day after
 it shall have become a law. Effective immediately, any rules  and  regu-
 lations  necessary to implement the provisions of this act on its effec-
 tive date are authorized and directed to be completed on or before  such
 effective date.