Requires health care facilities to respect each patient's religious beliefs with regard to the provision of health care.
Ayes (63): Adams, Addabbo, Avella, Ball, Bonacic, Boyle, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Espaillat, Farley, Felder, Flanagan, Fuschillo, Gallivan, Gianaris, Gipson, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Hoylman, Kennedy, Klein, Krueger, Lanza, Larkin, Latimer, LaValle, Libous, Little, Marcellino, Marchione, Martins, Maziarz, Montgomery, Nozzolio, O'Brien, O'Mara, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Sampson, Sanders, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Tkaczyk, Valesky, Young, Zeldin
TITLE OF BILL: An act to amend the public health law, in relation to requiring health care facilities to respect each patient's religious beliefs with regard to the provision of care
PURPOSE: Ensures patient's are informed of their civil and religious liberties, health care facilities facilitate the exercise of such, and that religious beliefs are respected with regard to withholding or withdrawing life sustaining treatments.
SUMMARY OF PROVISIONS:
Section one amends Public Health Law (PHL) § 2803(1)(g) to require the hospital statement of rights and responsibilities to include the right to independent personal decisions pursuant to PHL § 2803-c(3)(a).
Section two amends PHL § 2803-c(3)(a) to provide that facilities shall facilitate and assist patient's in exercising their civil and religious liberties including the right to independent person decisions and knowledge of available choices. This section also provides that every patient's religious beliefs shall be respected with regard to withholding or withdrawing life sustaining treatments or discharge from a facility.
Section three provides the effective date.
JUSTIFICATION: This bill amends the nursing home and hospital patient bill of rights to ensure patient's are informed of their civil and religious liberties and to ensure facilities assist and facilitate the exercise of these rights. Further, the bill clarifies that every patient's religious beliefs shall be respected with regard to withholding or withdrawing life sustaining treatments or discharge from a facility.
LEGISLATIVE HISTORY: New bill.
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: 90 days after it shall become law
STATE OF NEW YORK ________________________________________________________________________ 5811 2013-2014 Regular Sessions IN SENATE June 17, 2013 ___________Introduced by Sens. HANNON, FELDER, GOLDEN -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the public health law, in relation to requiring health care facilities to respect each patient's religious beliefs with regard to the provision of care THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph (g) of subdivision 1 of section 2803 of the public health law, as added by chapter 2 of the laws of 1988, is amended to read as follows: (g) The commissioner shall require that every general hospital adopt and make public an identical statement of the rights and responsibil- ities of patients, including a patient complaint and quality of care review process, a right to an appropriate patient discharge plan, A RIGHT TO INDEPENDENT PERSONAL DECISIONS PURSUANT TO PARAGRAPH A OF SUBDIVISION THREE OF SECTION TWENTY-EIGHT HUNDRED THREE-C OF THIS ARTI- CLE and, for patients other than beneficiaries of title XVIII of the federal social security act (medicare), a right to a discharge review in accordance with section twenty-eight hundred three-i of this article. The form and content of such statement shall be determined in accordance with rules and regulations adopted by the council and approved by the commissioner. A patient who requires continuing health care services in accordance with such patient's discharge plan may not be discharged until such services are secured or determined by the hospital to be reasonably available to the patient. Each general hospital shall give a copy of the statement to each patient, or the appointed personal repre- sentative of the patient at or prior to the time of admission to the general hospital, as long as the patient or the appointed personal representative of the patient receives such notice no earlier than four- teen days before admission. Such statement shall also be conspicuously posted by the hospital and shall be a part of the patient's admissionEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11503-04-3 S. 5811 2
package. Nothing herein contained shall be construed to limit any authority vested in the commissioner pursuant to this article related to the operation of hospitals and care and services provided to patients. S 2. Paragraph a of subdivision 3 of section 2803-c of the public health law, as added by chapter 648 of the laws of 1975, is amended to read as follows: a. Every patient's civil and religious liberties, including the right to independent personal decisions and knowledge of available choices, shall not be infringed and the facility shall
[encourage]FACILITATE and assist in the fullest possible exercise of these rights. EVERY PATIENT'S RELIGIOUS BELIEFS SHALL BE RESPECTED WITH REGARD TO WITHHOLD- ING OR WITHDRAWING LIFE SUSTAINING TREATMENTS, OR DISCHARGE FROM A FACILITY. IF SUCH PATIENT IS INCAPACITATED, SUCH DETERMINATION SHALL BE MADE BY THEIR AGENT OR SURROGATE AS APPLICABLE BY LAW. S 3. This act shall take effect on the ninetieth day after it shall have become a law.