NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5297a
SPONSOR: Paulin TITLE OF BILL:
An act to amend the public health law, in relation to prohibited hospi-
tal 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 would amend the public health law to create a new section
2831 that states a hospital shall not (a) limit a health care practi-
tioner 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 would establish a severance clause.
Section three would establish the effective date.
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
The amended version removes the private right of action and provisions
relating to licensing of health care practitioners .
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 only 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 compli-
cations 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 to
publicly post information on the law and provide this information peri-
odically to licensed health care providers, prohibit hospitals from
retaliating against providers who deliver information or render care
consistent with the provisions of the law .
PRIOR LEGISLATIVE HISTORY:
New Bill.
FISCAL IMPLICATIONS: :
None
EFFECTIVE DATE:
This act shall take effect immediately
STATE OF NEW YORK
________________________________________________________________________
5297--A
2023-2024 Regular Sessions
IN ASSEMBLY
March 7, 2023
___________
Introduced by M. of A. PAULIN, L. ROSENTHAL, RAGA, GONZALEZ-ROJAS,
SIMONE, McMAHON, SEAWRIGHT, ARDILA, LUNSFORD, LAVINE, SIMON, SHIMSKY,
LEVENBERG, FAHY, BURDICK, EPSTEIN, TAPIA -- read once and referred to
the Committee on Health -- reported and referred to the Committee on
Codes -- recommitted to the Committee on Codes in accordance with
Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
AN ACT to amend the public health law, in relation to prohibited hospi-
tal 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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08299-05-4
A. 5297--A 2
1 sufficient severity such that the absence of medical attention could
2 reasonably be expected to pose a risk:
3 i. to the patient's life; or
4 ii. of irreversible complications or impairment to the patient's bodi-
5 ly functions or any bodily organ or part.
6 2. Nothing in this section prohibits a hospital from limiting a health
7 care provider's practice to protect patients' physical safety.
8 3. A health care entity shall not discharge, demote, suspend, disci-
9 pline, discriminate or otherwise retaliate against a health care practi-
10 tioner for engaging in communications or providing services consistent
11 with this section.
12 4. The department shall design, prepare, and make available online
13 written materials to clearly inform health care practitioners and staff
14 of the provisions of this section.
15 § 2. If any clause, sentence, paragraph, section or part of this act
16 be adjudged by any court of competent jurisdiction to be invalid, such
17 judgment shall not affect, impair or invalidate the remainder hereof but
18 shall be applied in its operation to the clause, sentence, paragraph,
19 section or part hereof directly involved in the controversy in which
20 such judgment shall have been rendered.
21 § 3. This act shall take effect immediately.
