•  Summary 
  •  Actions 
  •  Committee Votes 
  •  Floor Votes 
  •  Memo 
  •  Text 
  •  LFIN 
  •  Chamber Video/Transcript 

A09063 Summary:

COSPNSRGottfried, Englebright, McDonald, Vanel, Fahy, Taylor, Dickens, D'Urso, Simon, Cahill, Dinowitz, Lupardo, Lifton, Titone
MLTSPNSRGiglio, McDonough, Montesano, Ra, Walter
Amd §2994-dd, add §2986-a, Pub Health L
Provides for the establishment of a registry system for medical orders for life-sustaining treatment (MOLST) and provides for use of such forms as an alternative to a nonhospital order not to resuscitate; and 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.
Go to top

A09063 Text:

                STATE OF NEW YORK
                   IN ASSEMBLY
                                    January 18, 2018
          Multi-Sponsored by -- M. of A. GIGLIO, MONTESANO, RA, WALTER  --  read
          once and referred to the Committee on Health
        AN  ACT  to  amend  the  public  health law, in relation to establishing
          registry systems for  medical  orders  for  life-sustaining  treatment
          (MOLST) and health care proxies
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Section 2994-dd of the public  health  law  is  amended  by
     2  adding a new subdivision 7 to read as follows:
     3    7. (a) As used in this subdivision, "medical order for life-sustaining
     4  treatment"  ("MOLST") means medical orders to provide, withhold or with-
     5  draw life-sustaining treatment. The MOLST form is  an  alternative  form
     6  authorized  by  the  commissioner under subdivision six of this section.
     7  The MOLST form and guidance and checklists for using the MOLST form  for
     8  any patient in any setting shall be posted on the department's website.
     9    (b)  The  commissioner may approve one or more forms under subdivision
    10  six of this section that may, but are not required to,  be  used  for  a
    11  medical  order  for  life-sustaining treatment. The forms approved under
    12  this section shall be posted on the  department's  website  in  suitably
    13  downloadable form.
    14    (c)  Any  health care provider who completes and signs a medical order
    15  for life sustaining treatment shall submit a copy  to  the  health  care
    16  decisions  document  registry  under section twenty-nine hundred eighty-
    17  six-a of this chapter within fourteen days of completion.
    18    § 2. The public health law is amended by adding a new  section  2986-a
    19  to read as follows:
    20    §  2986-a. Health care decisions document registry. 1. As used in this
    21  section, the following terms shall have the following  meanings,  unless
    22  the context clearly requires otherwise:
    23    (a) "Health care decisions document" or "document" includes but is not
    24  limited  to  a  health  care  proxy  under this article, an order not to
    25  resuscitate under article twenty-nine-B  of  this  chapter,  a  document
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 9063                             2
     1  expressing  the  patient's  wishes  or  beliefs  relating  to  treatment
     2  (commonly referred to as a living will),  a  nonhospital  order  not  to
     3  resuscitate  under  article  twenty-nine-CCC  of this chapter, a medical
     4  order  for  life-sustaining  treatment under section twenty-nine hundred
     5  ninety-four-dd of this chapter, and any judicial  order  designating  an
     6  individual as a guardian authorized to make any health care decision for
     7  a patient; including such a document in electronic or other form.
     8    (b)  "Health care decisions document registry" or "registry" means the
     9  system established by the commissioner under  subdivision  two  of  this
    10  section.
    11    2. The commissioner shall establish and maintain the health care deci-
    12  sions  documents  registry,  which  shall  be  an  electronic system for
    13  collecting, maintaining, and transmitting health  care  decisions  docu-
    14  ments, including a searchable database of information.
    15    3.  The registry shall be searchable, and shall be capable of retriev-
    16  ing health care decisions documents included in the registry and produc-
    17  ing and distributing digital copies of such documents. Digital copies of
    18  such documents produced by the registry shall be  legally  valid  as  if
    19  copied from the original document.
    20    4.  The registry shall include identifying and contact information for
    21  the patient and, as appropriate, the  patient's  health  care  agent  or
    22  other  person  who  is or is likely to be authorized to make health care
    23  decisions for the patient when the patient lacks decision-making capaci-
    24  ty, and appropriate health care professionals.
    25    5. Any patient or his or her health care agent,  surrogate,  attending
    26  physician,  or other person acting on the patient's behalf, may submit a
    27  copy of a patient's health care decisions document to  the  registry  in
    28  accordance with protocols established by the commissioner.
    29    6.  When  a  document  previously  submitted  to the registry has been
    30  revoked or modified by the maker of the document, it shall be  the  duty
    31  of the individual who submitted the document to the registry to transmit
    32  to the registry notification of such revocation or modification promptly
    33  when the individual learns of the revocation or modification.
    34    7.  The  commission  shall  establish  requirements and a mechanism to
    35  provide health care providers access to the registry, either  through  a
    36  website-based system or toll-free calling system.
    37    8.  The  commissioner  shall  established  and  implement protocols to
    38  ensure that documents and information transmitted to  and  contained  in
    39  the  registry are maintained in a secure and confidential manner and are
    40  accessible only by users designated by the commissioner and available in
    41  an emergency. Such protocols shall include a mechanism  to  monitor  and
    42  record access to the registry.
    43    9. There shall be no fee or charge for submitting a document or infor-
    44  mation  to  or  storing  it  on the registry, searching the registry, or
    45  obtaining a copy of a document or information from the registry.
    46    10. The commissioner may enter into  a  multi-year  contract  for  the
    47  operation  of  the registry, subject to such terms and conditions as may
    48  be contained within such contract, with a  not-for-profit  organization.
    49  The  contractor  may subcontract as needed for the effective performance
    50  of the contract. All such subcontractors and the terms of  such  subcon-
    51  tracts shall be subject to approval by the commissioner.
    52    11.  The  commissioner  shall  make  regulations  to  effectuate  this
    53  section.
    54    § 3. This act shall take effect immediately.
Go to top