Requires health care providers (i.e., an entity licensed/certified under certain articles of the public health law or the mental hygiene law, a health care practitioner licensed/registered/certified under title eight of the education law, or a provider of pharmaceutical products/services or durable medical equipment) to disclose errors in diagnosis, treatment or other services that the provider knows has caused substantial harm or significant risk of substantial harm; provides there shall be a rebuttable presumption that the provider knew of the error and the harm or risk of harm if, under the circumstances, the provider reasonably should have had knowledge thereof; provides such disclosure shall be made within a reasonable period of time and be reasonably understandable.

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A655-2011 Actions

• Jun 5, 2012: reported referred to rules
• Apr 18, 2012: reported referred to codes
• Jan 4, 2012: referred to health
• Jun 1, 2011: reported referred to rules
• Feb 8, 2011: reported referred to codes
• Jan 5, 2011: referred to health

A655-2011 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                     655

                         2011-2012 Regular Sessions

                            I N  ASSEMBLY

                                 (PREFILED)

                               January 5, 2011
                                 ___________

  Introduced by M. of A. GOTTFRIED, GANTT, MAGNARELLI, MAYERSOHN, McENENY,
    PAULIN,  PERRY,  GALEF  --  Multi-Sponsored  by  --  M. of A. BRENNAN,
    COLTON, DINOWITZ, HOOPER, JACOBS, J. MILLER, PHEFFER, WRIGHT  --  read
    once and referred to the Committee on Health

  AN  ACT  to amend the public health law, in relation to requiring health
    care providers to inform patients or their representatives of  certain
    errors in diagnosis, treatment or other services

    THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
  BLY, DO ENACT AS FOLLOWS:


    Section 1. Legislative findings. The legislature finds that the Ameri-
  can Medical Association (AMA) has expressed its support  for  physicians
  providing  full  disclosure  to  their  patients regarding their medical
  treatments and conditions. The AMA's council  on  ethical  and  judicial
  affairs  has  stated:  "It  is  a fundamental ethical requirement that a
  physician should at all times deal honestly and  openly  with  patients.
  Patients  have a right to know their past and present medical status and
  to be free of any mistaken beliefs concerning their conditions.    Situ-
  ations occasionally occur in which a patient suffers significant medical
  complications  that  may  have  resulted from the physician's mistake or
  judgment. In these situations, the physician is  ethically  required  to
  inform the patient of all the facts necessary to ensure understanding of
  what  has  occurred.  Only  through full disclosure is a patient able to
  make informed decisions regarding future medical care."   The AMA  adds:

  "Concern regarding legal liability which might result following truthful
  disclosure  should  not  affect the physician's honesty with a patient."
  (code of medical ethics: current opinions of the council on ethical  and
  judicial  affairs,  AMA  Policy Finder, E-8.12, updated June, 1994.) The
  legislature further finds that this ethical mandate ought  to  have  the
  support  of  law,  and ought to apply not only to physicians, but to all
  health care providers.

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD02351-01-1

 A. 655                              2

    S 2. The public health law is amended by adding a new  section  2805-u
  to read as follows:

    S  2805-U.  HEALTH CARE PROVIDER; DUTY TO INFORM PATIENT OF ERROR.  1.
  DEFINITION. AS USED IN THIS SECTION, "HEALTH  CARE  PROVIDER"  MEANS  AN
  ENTITY LICENSED OR CERTIFIED UNDER THIS ARTICLE OR ARTICLE THIRTY-SIX OF
  THIS  CHAPTER  OR  UNDER  ARTICLE THIRTY-ONE OR THIRTY-TWO OF THE MENTAL
  HYGIENE LAW, A HEALTH CARE PRACTITIONER LICENSED, REGISTERED  OR  CERTI-
  FIED UNDER TITLE EIGHT OF THE EDUCATION LAW, OR A PROVIDER OF PHARMACEU-
  TICAL PRODUCTS OR SERVICES OR DURABLE MEDICAL EQUIPMENT.
    2.  A  HEALTH CARE PROVIDER SHALL DISCLOSE TO HIS, HER, OR ITS PATIENT
  OR THE PATIENT'S REPRESENTATIVE, ANY ERROR IN  DIAGNOSIS,  TREATMENT  OR
  OTHER  SERVICE BY THE HEALTH CARE PROVIDER THAT THE HEALTH CARE PROVIDER
  KNOWS HAS CAUSED SUBSTANTIAL HARM OR  SIGNIFICANT  RISK  OF  SUBSTANTIAL
  HARM  TO  THE  PATIENT. THERE SHALL BE A REBUTTABLE PRESUMPTION THAT THE
  HEALTH CARE PROVIDER KNEW OF SUCH ERROR AND OF SUCH HARM OR RISK OF HARM
  IF, UNDER THE CIRCUMSTANCES, THE HEALTH CARE PROVIDER REASONABLY  SHOULD
  HAVE  HAD  KNOWLEDGE  THEREOF.  THE  DISCLOSURE  SHALL  BE MADE WITHIN A
  REASONABLE PERIOD OF  TIME  AND  BE  REASONABLY  UNDERSTANDABLE  TO  THE
  PATIENT  OR  THE PATIENT'S REPRESENTATIVE, AND SHALL INCLUDE A STATEMENT
  OF THE HARM OR RISK OF HARM.
    3. A HEALTH CARE PROVIDER SHALL NOT BE LIABLE FOR FAILURE TO  DISCLOSE
  AN  ERROR,  HARM  OR  RISK OF HARM UNDER THIS SECTION IF THE HEALTH CARE
  PROVIDER REASONABLY BELIEVES THAT SUCH DISCLOSURE HAS ALREADY BEEN  MADE
  BY ANOTHER HEALTH CARE PROVIDER.
    S 3. This act shall take effect immediately.