What's happening
This bill requires hospitals to notify patients in advance if they have policies refusing to honor certain health care proxy directives, except during emergencies.
Why it matters
Enhances patient autonomy and informed decision-making. by requiring hospitals to proactively notify patients (or their agents/surrogates) before admission if the hospital might refuse to honor certain health care proxy directives due to institutional policies, allowing patients to make alternative arrangements if desired.
Increases transparency and accountability. for hospitals, as they must document in the patient's medical record why notification was not provided before admission (if delayed due to an emergency), helping to track compliance and prevent intentional withholding of information.
Limits exceptions to emergency situations only. , ensuring that the default is advance notice, thereby reducing the likelihood that patients or families are surprised by institutional refusals during critical times.
May especially impact those seeking care at religiously-affiliated or values-based hospitals. , where institutional policies sometimes restrict certain end-of-life decisions, reproductive care, or other treatments—giving patients clearer expectations and options.
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Who cares
Headline styles
Hospitals Must Disclose Care Limits
Plain English, a few words. Used as the page title.
Sponsors
2 Co-sponsors
2 Multi-sponsors
History
- Ordered to third reading cal.359
- Advanced to third reading cal.111
- Reported
- Referred to health
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5127
2017-2018 Regular Sessions
IN ASSEMBLY
February 6, 2017
Introduced by M. of A. ROSENTHAL, GOTTFRIED, BRONSON -- Multi-Sponsored by -- M. of A. GLICK, LUPARDO, McKEVITT -- read once and referred to the Committee on Health
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
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Paragraph (a) of subdivision 3 of section 2984 of the public health law, as amended by chapter 8 of the laws of 2010, is amended to read as follows:
(a) the hospital has informed the patient or the health care agent of such policy prior to [or upon] admission, [if reasonably possible] provided, that in the case of an emergency, the information may be provided as soon as reasonably possible upon or after admission, and 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 and shall be placed in the patient's medical record; and
§ 2. Paragraph (b) of subdivision 1 of section 2994-n of the public health law, as added by chapter 8 of the laws of 2010, is amended to read as follows:
(b) The hospital has informed the patient, family, or surrogate of such policy prior to [or upon] admission, [if reasonably possible] provided, that in the case of an emergency, the information may be provided as soon as reasonably possible upon or after admission, and 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 and shall be placed in the patient's medical record; and
§ 3. This act shall take effect on the sixtieth day after it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05092-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.