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A05297 Summary:

BILL NOA05297
 
SAME ASSAME AS S06616
 
SPONSORPaulin
 
COSPNSRRosenthal L, Raga, Gonzalez-Rojas, Simone, McMahon, Seawright, Ardila, Lunsford, Lavine, Simon, Shimsky, Levenberg, Fahy, Burdick, Epstein, Tapia
 
MLTSPNSR
 
Add §2831, Pub Health L; amd §6507, Ed L
 
Prohibits hospital interference with patient care where the practitioner is acting in good faith and within the scope of their practice.
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A05297 Actions:

BILL NOA05297
 
03/07/2023referred to health
05/23/2023reported referred to codes
01/03/2024referred to codes
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A05297 Memo:

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
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A05297 Text:



 
                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.
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