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A06089 Summary:

BILL NOA06089
 
SAME ASSAME AS S06547
 
SPONSOREnglebright
 
COSPNSRSchimminger, Rivera, Skoufis, Jaffee, Dinowitz
 
MLTSPNSRCahill
 
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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A06089 Actions:

BILL NOA06089
 
02/23/2017referred to health
01/03/2018referred to health
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A06089 Memo:

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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A06089 Text:



 
                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.
                                                                   LBD02958-01-7

        A. 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.
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