Requires pre-admission notification of policies authorizing the refusal to follow directives in health care proxies that are contrary to a hospital's operating principles

BILL NUMBER:S5638

Title of bill

An act to amend the public health law, in relation to requiring pre-admission notification of policies authorizing the refusal to follow directives in health care proxies that are contrary to a hospital's operating principles

Purpose or general idea of bill

The purpose of this legislation is to amend the pre-admission disclosure protocols of hospitals relating to the refusal to follow directives specified in health care proxies.

Summary of specific provisions

This bill would amend paragraph a of subdivision 3 of section 2984 of the public health law.

Justification

Public Health Law Section 2984 requires that health care providers honor advance directives with one exception: the exception provides that an agent's health care decision does not have to be honored because the decision is contrary to a formally adopted policy of the hospital that is expressly based on religious beliefs or sincerely held moral convictions central to the facility's operating principles and the hospital would be permitted by law to refuse to honor the decision if made by the principal.

Notice of such policy must now be given either to the patient or the health care agent prior to or upon admission, if reasonably possible. It is not sufficient to give notice of the policy upon admission or after admission, which the policy allows. Once the patient is in the institution, it is cumbersome to alter care plans, and it creates a burden on the patient and family members to transfer the patient to another facility.

In one situation a patient was treated in an institution against his and his health care agent's wishes because timely notice had not been given and it was very difficult to transfer the patient to another facility. The NYS Department of Health upheld a complaint against the facility.

The law should be amended to require that notice be given prior to admission except in emergency situations. If such information is given upon admission or later, an explanation as to why such information was not given prior to admission shall be given to the patient or health care agent or other lawful surrogate, and shall be placed in writing in the patient's medical record.

Prior legislative history

New bill. Assembly bill died on 3rd Rdg. In 2001 and 2012.

Fiscal implications

None.

Effective date

This act shall take effect on the sixtieth day after it shall have become a law.