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S00984 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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S00984 Actions:

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S00984 Text:

                STATE OF NEW YORK
                               2021-2022 Regular Sessions
                    IN SENATE
                                     January 6, 2021
        Introduced  by Sen. GAUGHRAN -- 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
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        S. 984                              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.  Effective immediately, the addition, amend-
    40  ment and/or repeal of any rule or regulation necessary for the implemen-
    41  tation  of  this act on its effective date are authorized to be made and
    42  completed on or before such effective date.
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