NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A5297
SPONSOR: Paulin
 
TITLE OF BILL:
An act to amend the public health law and the education law, in relation
to prohibited hospital interference with patient care
 
PURPOSE:
To prohibit hospitals from preventing health care practitioners from
providing medically accurate information and care related pregnancy
complications
 
SUMMARY OF SPECIFIC PROVISIONS:
Section one amends the public health law to create a new section 2831
that states a hospital shall not (a) limit a health care practitioner's
provision of medically accurate and comprehensive information and
resources to a patient regarding the patient's health status or (b)
prohibit a practitioner from providing health care services related to
complication of pregnancy. This section also prohibits a hospital from
limiting a health care provider's practice to protect patients' physical
safety and provides that a healthcare entity shall not discharge,
demote, suspend, discipline, discriminate or otherwise retaliate against
a healthcare practitioner for engaging in communications or providing
services consistent with this section.
Section two amends the education law to require the department, assisted
by the board for each profession, to ensure each licensee, registrant,
or recipient of a limited permit receive the information prepared by the
department of health under PHL section 2831.
Section three state if any clause, sentence, paragraph, section or part
of this act be adjudged by any court of competent jurisdiction to be
invalid, such judgment shall not affect, impair or invalidate the
remainder hereof but shall be applied in its operation to the clause,
sentence, paragraph, section or part hereof directly involved in the
controversy in which such judgment shall have been rendered.
Section four provides the effective date.
 
JUSTIFICATION:
This legislation would prohibit hospitals from preventing health care
practitioners from providing medically accurate information and care
related to complications of pregnancy to patients in line with the prac-
titioner's own professional judgment. Some hospitals choose to limit the
provision of medically accurate information and care for reasons based
on the bureaucratic decision-making of non-medical personnel, rather
than for medical reasons or hospital capacity. For example, hospital
policies that prohibit the provision of abortion have resulted in the
delayed provision and denial of treatment for pregnancy complications
and miscarriages, which places pregnant people at risk.
In order to address these concerns, this legislation would prohibit
hospitals from preventing health care providers from communicating
medically accurate and comprehensive information about a patient's diag-
nosis, prognosis and treatment options, as well as information about
available services and where and how to obtain them. Consistent with the
federal Emergency Medical Treatment and Active Labor Act ("EMTALA"), it
would also prohibit hospitals from limiting the provision of services to
treat pregnancy complications and miscarriages, which the failure to
provide would violate the accepted standard of care or when the absence
of medical attention could reasonably be expected to pose a risk to the
patient's life or result in bodily harm.
Moreover, in order to ensure that the legislation is effective in
achieving its goals, it would require the Department of Health and the
State Education Department to publicly post information on the law and
provide this information periodically to licensed health care providers,
prohibit hospitals from retaliating against providers who deliver infor-
mation or render care consistent with the provisions of the law and
provide a private right of action for providers and patients to remedy
violations of the law.
 
PRIOR LEGISLATIVE HISTORY:
New Bill.
 
FISCAL IMPLICATIONS:
None
 
EFFECTIVE DATE:
This act shall take effect immediately
STATE OF NEW YORK
________________________________________________________________________
5297
2023-2024 Regular Sessions
IN ASSEMBLY
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:
1 Section 1. The public health law is amended by adding a new section
2 2831 to read as follows:
3 § 2831. Interference with care; prohibited. 1. Except as provided in
4 subdivision two of this section, if a health care practitioner licensed
5 pursuant to title eight of the education law is acting in good faith,
6 within the practitioner's scope of practice, and within the relevant
7 standard of care, a hospital shall not:
8 (a) Limit the health care practitioner's provision of medically accu-
9 rate and comprehensive information and resources to a patient regarding
10 the patient's health status including, but not limited to, diagnosis,
11 prognosis, recommended treatment, treatment alternatives, information
12 about available services and where and how to obtain them, and any
13 potential risks to the patient's health or life; or
14 (b) Prohibit the health care practitioner from providing health care
15 services related to complications of pregnancy, including but not limit-
16 ed to health services related to miscarriage management and treatment
17 for ectopic pregnancies, in cases in which failure to provide the
18 service would violate the accepted standard of care or when the patient
19 presents a medical condition manifesting itself by acute symptoms of
20 sufficient severity such that the absence of medical attention could
21 reasonably be expected to pose a risk:
22 i. to the patient's life; or
23 ii. of irreversible complications or impairment to the patient's bodi-
24 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
1 2. Nothing in this section prohibits a hospital from limiting a health
2 care provider's practice to protect patients' physical safety.
3 3. A health care entity shall not discharge, demote, suspend, disci-
4 pline, discriminate or otherwise retaliate against a health care practi-
5 tioner for engaging in communications or providing services consistent
6 with this section.
7 4. The department shall design, prepare, and make available online
8 written materials to clearly inform health care practitioners and staff
9 of the provisions of this section.
10 5. A patient, a health care practitioner, or an individual, who is
11 aggrieved by a violation of subdivision one of this section, may bring a
12 civil action against a hospital to enjoin further violations, recover
13 damages or both, and shall recover costs and reasonable attorneys' fees.
14 § 2. Subdivision 3 of section 6507 of the education law, is amended by
15 adding a new paragraph d to read as follows:
16 d. Ensure that each licensee, registrant, or recipient of a limited
17 permit to be a physician, physician's assistant, specialist assistant,
18 pharmacist, pharmacy technician, registered professional nurse, licensed
19 practical nurse, nurse practitioner, clinical nurse specialist, midwife,
20 psychologist, licensed master social worker, licensed clinical social
21 worker, occupational therapist, occupational therapy assistant, or
22 mental health practitioner receives, upon licensure, registration, or
23 issuance of a limited permit, the information prepared by the department
24 of health under subdivision four of section twenty-eight hundred thir-
25 ty-one of the public health law. Licensees, registrants, and recipients
26 of limited permits shall be encouraged to share the information provided
27 with their colleagues who are not subject to state licensure.
28 § 3. If any clause, sentence, paragraph, section or part of this act
29 be adjudged by any court of competent jurisdiction to be invalid, such
30 judgment shall not affect, impair or invalidate the remainder hereof but
31 shall be applied in its operation to the clause, sentence, paragraph,
32 section or part hereof directly involved in the controversy in which
33 such judgment shall have been rendered.
34 § 4. This act shall take effect immediately.