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S06547 Summary:

Amd 2980 & 2984, add 2986-a, Pub Health L
Establishes a health care proxy registry within the department of health to maintain the health care proxies of persons electing to submit proxies to such registry and to provide access thereto by attending health care providers and the principal of the health care proxy.
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S06547 Actions:

06/15/2017referred to health
01/03/2018died in assembly
01/03/2018returned to senate
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S06547 Memo:

Memo not available
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S06547 Text:

                STATE OF NEW YORK
                               2017-2018 Regular Sessions
                    IN SENATE
                                      June 1, 2017
        Introduced  by  Sen.  HANNON -- 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 establishing with-
          in the department of health a health care proxy registry
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1. Section 2980 of the public health law is amended by adding
     2  a new subdivision 16 to read as follows:
     3    16. "Health care proxy registry" or "registry" means the  health  care
     4  proxy  registry  established by section twenty-nine hundred eighty-six-a
     5  of this article.
     6    § 2. Subdivision 1 of section 2984 of the public health law, as  added
     7  by chapter 752 of the laws of 1990, is amended to read as follows:
     8    1. (a) A health care provider who is provided with a health care proxy
     9  shall  arrange  for  the  proxy  or a copy thereof to be inserted in the
    10  principal's medical record  if  the  health  care  proxy  has  not  been
    11  included in such record.
    12    (b) Where the provisions of paragraph (a) of this subdivision have not
    13  been  met  and  the  requirements of section twenty-nine hundred eighty-
    14  three of this article have been satisfied,  an  attending  physician  or
    15  health care provider shall contact the registry to determine whether the
    16  individual  has  transmitted a health care proxy to the registry. In the
    17  event such individual has transmitted his or her health  care  proxy  to
    18  the registry, such health care proxy or a copy thereof shall be inserted
    19  in the principal's medical record.
    20    §  3.  The public health law is amended by adding a new section 2986-a
    21  to read as follows:
    22    § 2986-a. Health care proxy registry. 1. Definitions. For the purposes
    23  of this section, "health care proxy" or "health care proxies" shall mean
    24  a health care proxy or health care proxies properly executed pursuant to
    25  this article.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        S. 6547                             2
     1    2. Health care proxy registry;  establishment.  The  department  shall
     2  establish a health care proxy registry, which shall maintain health care
     3  proxies  submitted to such registry pursuant to this section and provide
     4  access to such registry by attending physicians, health  care  providers
     5  and the principal of a health care proxy.
     6    3.  Transmission  of health care proxy to the registry. An individual,
     7  regardless of his or her residency, may transmit his or her health  care
     8  proxy to the department for placement in the registry. Such transmission
     9  may  be  via  first  class mail or in any other manner prescribed by the
    10  department in regulation.
    11    4. Access to the registry. The department shall establish a  straight-
    12  forward,  easily  accessible  mechanism to provide health care providers
    13  and the principal of a health care proxy access to the registry.    Such
    14  access  may  be  through  a  website-based system or a toll-free calling
    15  system. Such registry shall comply with all state and federal  laws  and
    16  regulations  related  to  maintaining the privacy and confidentiality of
    17  records contained within the registry.
    18    5. Revocation or modification of a health care proxy. When an individ-
    19  ual has revoked or modified his or her health care proxy,  it  shall  be
    20  such  individual's responsibility to notify the registry of such revoca-
    21  tion, or to transmit to the registry such modified registry.
    22    6. Liability. Neither the  department,  nor  the  registry,  shall  be
    23  civilly  or criminally liable for providing, upon request, a health care
    24  proxy to an attending health care provider, if such  health  care  proxy
    25  being  provided  pursuant  to  this section has been revoked or modified
    26  pursuant to this article by the individual  for  whom  the  health  care
    27  proxy has been created and such individual has failed to transmit to the
    28  registry pursuant to this section notification of such revocation or, as
    29  the  case may be, failed to transmit pursuant to this section such modi-
    30  fied health care proxy.
    31    § 4. The department of health shall promulgate regulations  to  imple-
    32  ment  the  provisions  of  this  act, which shall include, at a minimum,
    33  provisions affording attending health care providers reasonable opportu-
    34  nity to contact the health care proxy registry, at no cost to the health
    35  care provider.
    36    § 5. This act shall take effect on the one hundred eightieth day after
    37  it shall have become a law; provided that,  effective  immediately,  any
    38  rules  and regulations necessary to implement the provisions of this act
    39  on its effective date are authorized and directed to be completed on  or
    40  before such effective date.
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