Senate Bill S5638

2013-2014 Legislative Session

Requires pre-admission notification of policies authorizing the refusal to follow directives in health care proxies that are contrary to a hospital's operating principles

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Archive: Last Bill Status - In Senate Committee Health Committee


  • 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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2013-S5638 (ACTIVE) - Details

See Assembly Version of this Bill:
A721
Current Committee:
Senate Health
Law Section:
Public Health Law
Laws Affected:
Amd §§§2984 & 2994-n, Pub Health L
Versions Introduced in Other Legislative Sessions:
2011-2012: A4902
2015-2016: A1003
2017-2018: A5127
2019-2020: A108
2021-2022: A210
2023-2024: A76

2013-S5638 (ACTIVE) - Summary

Requires pre-admission notification of policies authorizing the refusal to follow directives in health care proxies that are contrary to a hospital's operating principals.

2013-S5638 (ACTIVE) - Sponsor Memo

2013-S5638 (ACTIVE) - Bill Text download pdf

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

                                  5638

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 30, 2013
                               ___________

Introduced  by  Sen.  SAVINO -- 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 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

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

  Section 1. Paragraph (a) of subdivision  3  of  section  2984  of  the
public  health  law,  as  amended  by  chapter 8 of the laws of 2010, is
amended to read as follows:
  (a) the hospital has informed the patient or the health care agent  of
such  policy  prior  to  [or  upon]  admission, [if reasonably possible]
PROVIDED, THAT IN THE CASE OF  AN  EMERGENCY,  THE  INFORMATION  MAY  BE
PROVIDED  AS SOON AS REASONABLY POSSIBLE UPON OR AFTER ADMISSION, AND 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 AND SHALL BE PLACED  IN  THE  PATIENT'S
MEDICAL RECORD; and
  S  2.  Paragraph  (b) of subdivision 1 of section 2994-n of the public
health law, as added by chapter 8 of the laws of  2010,  is  amended  to
read as follows:
  (b)  The  hospital  has  informed the patient, family, or surrogate of
such policy prior to  [or  upon]  admission,  [if  reasonably  possible]
PROVIDED,  THAT  IN  THE  CASE  OF  AN EMERGENCY, THE INFORMATION MAY BE
PROVIDED AS SOON AS REASONABLY POSSIBLE UPON OR AFTER ADMISSION, AND  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 AND SHALL BE PLACED IN THE PATIENT'S
MEDICAL RECORD; and
  S 3. This act shall take effect on the sixtieth  day  after  it  shall
have become a law.

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

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