S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    984
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by Sen. GAUGHRAN -- 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 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD03893-01-1

 S. 984                              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, 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, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation  of  this act on its effective date are authorized to be made and
 completed on or before such effective date.