Assembly Bill A5297A

2023-2024 Legislative Session

Relates to prohibited hospital interference with patient care

download bill text pdf

Sponsored By

Current Bill Status - On Floor Calendar


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

co-Sponsors

2023-A5297 - Details

See Senate Version of this Bill:
S6616
Law Section:
Public Health Law
Laws Affected:
Add §2831, Pub Health L

2023-A5297 - Summary

Prohibits hospital interference with patient care where the practitioner is acting in good faith and within the scope of their practice.

2023-A5297 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5297
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 7, 2023
                                ___________
 
 Introduced by M. of A. PAULIN -- read once and referred to the Committee
   on Health
 
 AN ACT to amend the public health law and the education law, in relation
   to prohibited hospital interference with patient care
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The public health law is amended by adding  a  new  section
 2831 to read as follows:
   §  2831.  INTERFERENCE WITH CARE; PROHIBITED. 1. EXCEPT AS PROVIDED IN
 SUBDIVISION TWO OF THIS SECTION, IF A HEALTH CARE PRACTITIONER  LICENSED
 PURSUANT  TO  TITLE  EIGHT OF THE EDUCATION LAW IS ACTING IN GOOD FAITH,
 WITHIN THE PRACTITIONER'S SCOPE OF PRACTICE,  AND  WITHIN  THE  RELEVANT
 STANDARD OF CARE, A HOSPITAL SHALL NOT:
   (A)  LIMIT THE HEALTH CARE PRACTITIONER'S PROVISION OF MEDICALLY ACCU-
 RATE AND COMPREHENSIVE INFORMATION AND RESOURCES TO A PATIENT  REGARDING
 THE  PATIENT'S  HEALTH  STATUS INCLUDING, BUT NOT LIMITED TO, DIAGNOSIS,
 PROGNOSIS, RECOMMENDED TREATMENT,  TREATMENT  ALTERNATIVES,  INFORMATION
 ABOUT  AVAILABLE  SERVICES  AND  WHERE  AND  HOW TO OBTAIN THEM, AND ANY
 POTENTIAL RISKS TO THE PATIENT'S HEALTH OR LIFE; OR
   (B) PROHIBIT THE HEALTH CARE PRACTITIONER FROM PROVIDING  HEALTH  CARE
 SERVICES RELATED TO COMPLICATIONS OF PREGNANCY, INCLUDING BUT NOT LIMIT-
 ED  TO  HEALTH  SERVICES RELATED TO MISCARRIAGE MANAGEMENT AND TREATMENT
 FOR ECTOPIC PREGNANCIES, IN  CASES  IN  WHICH  FAILURE  TO  PROVIDE  THE
 SERVICE  WOULD VIOLATE THE ACCEPTED STANDARD OF CARE OR WHEN THE PATIENT
 PRESENTS A MEDICAL CONDITION MANIFESTING ITSELF  BY  ACUTE  SYMPTOMS  OF
 SUFFICIENT  SEVERITY  SUCH  THAT  THE ABSENCE OF MEDICAL ATTENTION COULD
 REASONABLY BE EXPECTED TO POSE A RISK:
   I. TO THE PATIENT'S LIFE; OR
   II. OF IRREVERSIBLE COMPLICATIONS OR IMPAIRMENT TO THE PATIENT'S BODI-
 LY FUNCTIONS OR ANY BODILY ORGAN OR PART.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08299-02-3
 A. 5297                             2
              

co-Sponsors

2023-A5297A (ACTIVE) - Details

See Senate Version of this Bill:
S6616
Law Section:
Public Health Law
Laws Affected:
Add §2831, Pub Health L

2023-A5297A (ACTIVE) - Summary

Prohibits hospital interference with patient care where the practitioner is acting in good faith and within the scope of their practice.

2023-A5297A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5297--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 7, 2023
                                ___________
 
 Introduced  by  M.  of  A.  PAULIN,  L. ROSENTHAL, RAGA, GONZALEZ-ROJAS,
   SIMONE, McMAHON, SEAWRIGHT, ARDILA, LUNSFORD, LAVINE, SIMON,  SHIMSKY,
   LEVENBERG,  FAHY, BURDICK, EPSTEIN, TAPIA -- read once and referred to
   the Committee on Health -- reported and referred to the  Committee  on
   Codes  --  recommitted  to  the  Committee on Codes in accordance with
   Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered
   reprinted as amended and recommitted to said committee
 
 AN ACT to amend the public health law, in relation to prohibited  hospi-
   tal interference with patient care
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The public health law is amended by adding  a  new  section
 2831 to read as follows:
   §  2831.  INTERFERENCE WITH CARE; PROHIBITED. 1. EXCEPT AS PROVIDED IN
 SUBDIVISION TWO OF THIS SECTION, IF A HEALTH CARE PRACTITIONER  LICENSED
 PURSUANT  TO  TITLE  EIGHT OF THE EDUCATION LAW IS ACTING IN GOOD FAITH,
 WITHIN THE PRACTITIONER'S SCOPE OF PRACTICE,  AND  WITHIN  THE  RELEVANT
 STANDARD OF CARE, A HOSPITAL SHALL NOT:
   (A)  LIMIT THE HEALTH CARE PRACTITIONER'S PROVISION OF MEDICALLY ACCU-
 RATE AND COMPREHENSIVE INFORMATION AND RESOURCES TO A PATIENT  REGARDING
 THE  PATIENT'S  HEALTH  STATUS INCLUDING, BUT NOT LIMITED TO, DIAGNOSIS,
 PROGNOSIS, RECOMMENDED TREATMENT,  TREATMENT  ALTERNATIVES,  INFORMATION
 ABOUT  AVAILABLE  SERVICES  AND  WHERE  AND  HOW TO OBTAIN THEM, AND ANY
 POTENTIAL RISKS TO THE PATIENT'S HEALTH OR LIFE; OR
   (B) PROHIBIT THE HEALTH CARE PRACTITIONER FROM PROVIDING  HEALTH  CARE
 SERVICES RELATED TO COMPLICATIONS OF PREGNANCY, INCLUDING BUT NOT LIMIT-
 ED  TO  HEALTH  SERVICES RELATED TO MISCARRIAGE MANAGEMENT AND TREATMENT
 FOR ECTOPIC PREGNANCIES, IN  CASES  IN  WHICH  FAILURE  TO  PROVIDE  THE
 SERVICE  WOULD VIOLATE THE ACCEPTED STANDARD OF CARE OR WHEN THE PATIENT
 PRESENTS A MEDICAL CONDITION MANIFESTING ITSELF  BY  ACUTE  SYMPTOMS  OF
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08299-05-4
 A. 5297--A                          2
              

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