|SAME AS||SAME AS S06547|
|COSPNSR||Schimminger, Rivera, Skoufis, Jaffee, Dinowitz|
|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.|
|02/23/2017||referred to health|
|01/03/2018||referred to health|
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NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6089 SPONSOR: Englebright (MS)
TITLE OF BILL: An act to amend the public health law, in relation to establishing within the department of health a health care proxy regis- try   PURPOSE OR GENERAL IDEA OF BILL: To establish a central location for maintaining and providing to attend- ing physicians and health care providers voluntarily submitted health care proxies within the Department of Health.   SUMMARY OF PROVISIONS: Section 1 adds a new definition to section 2980 of the Public Health Law to define "health care proxy registry" or "registry" for purposes of Article 29-C of the Public Health Law. Section 2 amends section 2984 of the Public Health Law to establish an obligation for certain individuals and entities to access the health care proxy registry. Section 3 establishes the Health Care Proxy Registry within the Depart- ment of Health. Section 4 authorizes the Department of Health to promulgate regulations necessary to implement the provisions of this act. Section 5 is the effective date.   EXISTING LAW: Article 29-C of the Public Health Law establishes statutory authority for health care proxies, but does not establish a central location for accessing health care proxies duly perfected pursuant to the terms of Article 29-C.   JUSTIFICATION: Recent events related to end of life decisions have raised the consciousness of New Yorkers regarding such matters. The need for indi- viduals to make their wishes concerning their health care known under circumstances where such individual is incapable of making their own end of life decisions is paramount to avoiding unnecessary litigation and family strife. Therefore, it is important for the state of New York to establish a registry for health care proxies. The Department of Health currently provides individuals with health care proxy forms and instructions for duly perfecting such proxies. It makes sense to take one further step to require the department to accept and maintain health care proxies within the department, as well as to provide copies of such proxies to attending physicians and health care providers.   PRIOR LEGISLATIVE HISTORY: 2007-08 A5076 referred to health 2009-10 A3450 referred to health 2011-12 A4545 referred to health 2013-14 A5484 referred to health 2015-16 A6307-A referred to health   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: To be determined.   EFFECTIVE DATE: This act shall take effect on the one hundred eightieth day after it shall have become a law; provided that any rules and regulations neces- sary to implement the provisions of this act on its effective date are authorized and directed to be completed on or before such effective date.
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STATE OF NEW YORK ________________________________________________________________________ 6089 2017-2018 Regular Sessions IN ASSEMBLY February 23, 2017 ___________ Introduced by M. of A. ENGLEBRIGHT, SCHIMMINGER, RIVERA, SKOUFIS, JAFFEE, DINOWITZ -- Multi-Sponsored by -- M. of A. CAHILL -- read once and referred 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 EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02958-01-7A. 6089 2 1 a health care proxy or health care proxies properly executed pursuant to 2 this article. 3 2. Health care proxy registry; establishment. The department shall 4 establish a health care proxy registry, which shall maintain health care 5 proxies submitted to such registry pursuant to this section and provide 6 access to such registry by attending physicians, health care providers 7 and the principal of a health care proxy. 8 3. Transmission of health care proxy to the registry. An individual, 9 regardless of his or her residency, may transmit his or her health care 10 proxy to the department for placement in the registry. Such transmission 11 may be via first class mail or in any other manner prescribed by the 12 department in regulation. 13 4. Access to the registry. The department shall establish a straight- 14 forward, easily accessible mechanism to provide health care providers 15 and the principal of a health care proxy access to the registry. Such 16 access may be through a website-based system or a toll-free calling 17 system. Such registry shall comply with all state and federal laws and 18 regulations related to maintaining the privacy and confidentiality of 19 records contained within the registry. 20 5. Revocation or modification of a health care proxy. When an individ- 21 ual has revoked or modified his or her health care proxy, it shall be 22 such individual's responsibility to notify the registry of such revoca- 23 tion, or to transmit to the registry such modified registry. 24 6. Liability. Neither the department, nor the registry, shall be 25 civilly or criminally liable for providing, upon request, a health care 26 proxy to an attending health care provider, if such health care proxy 27 being provided pursuant to this section has been revoked or modified 28 pursuant to this article by the individual for whom the health care 29 proxy has been created and such individual has failed to transmit to the 30 registry pursuant to this section notification of such revocation or, as 31 the case may be, failed to transmit pursuant to this section such modi- 32 fied health care proxy. 33 § 4. The department of health shall promulgate regulations to imple- 34 ment the provisions of this act, which shall include, at a minimum, 35 provisions affording attending health care providers reasonable opportu- 36 nity to contact the health care proxy registry, at no cost to the health 37 care provider. 38 § 5. This act shall take effect on the one hundred eightieth day after 39 it shall have become a law; provided that, effective immediately, any 40 rules and regulations necessary to implement the provisions of this act 41 on its effective date are authorized and directed to be completed on or 42 before such effective date.