BILL NUMBER: S8280

SPONSOR: MAY
 
TITLE OF BILL:

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

 
PURPOSE:

This bill amends the pre-admission disclosure protocols of hospitals
relating to the refusal to follow directives specified in health care
proxies.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one amends paragraph (a) of subdivision 3 of section 2984 of the
public health law.

Section two amends Paragraph (b) of subdivision 1 of section 2994-n of
              

the public health law.

Section three sets forth the effective date.

 
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.

 
LEGISLATIVE HISTORY:

2021: A. 210 (Rosenthal) Advanced to Third Reading
2019-20: A.108 - Advanced to Third Reading Calendar
2017-18: A.5127 - Advanced to Third Reading Calendar
2015-16: A.1003 - Advanced to Third Reading Calendar
2013-14: A.721 - Advanced to Third Reading Calendar, S.5638 - Referred
to Health
2011-12: A.4902 - Advanced to Third Reading Calendar

 
FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
60 days after enactment.