What's happening
This bill establishes a statewide health care proxy registry within the New York Department of Health to store and provide access to health care proxies.
Why it matters
Ensures critical health care decisions are accessible statewide. By creating a centralized registry, health care providers can reliably locate a patient’s health care proxy, reducing delays or confusion during emergencies when treatment decisions must be made.
Empowers individuals with flexibility and control. Anyone, regardless of state residency, can submit their proxy to the registry and is responsible for updating or revoking it, giving people more autonomy over their end-of-life and medical care instructions.
Strengthens privacy and legal protections. The registry must comply with all relevant privacy laws, and the Department of Health is shielded from liability if a revoked or changed proxy is used because the individual didn’t update the registry, clarifying responsibility and reducing legal uncertainty.
Streamlines provider access at no cost. The law mandates that health care providers can contact the registry easily and for free, helping ensure that the most current directives guide patient care without imposing administrative burdens.
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Who cares
Headline styles
Create Health Proxy Registry
Plain English, a few words. Used as the page title.
Sponsors
1 Multi-sponsor
History
- Referred to health
- Referred to health
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Create Health Proxy Registry
In Senate Committee · Finance · Sponsor Kemp Hannon
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
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 within the department of health a health care proxy registry
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 2980 of the public health law is amended by adding a new subdivision 16 to read as follows:
16. "Health care proxy registry" or "registry" means the health care proxy registry established by section twenty-nine hundred eighty-six-a of this article.
§ 2. Subdivision 1 of section 2984 of the public health law, as added by chapter 752 of the laws of 1990, is amended to read as follows:
1. (a) A health care provider who is provided with a health care proxy shall arrange for the proxy or a copy thereof to be inserted in the principal's medical record if the health care proxy has not been included in such record.
(b) Where the provisions of paragraph (a) of this subdivision have not been met and the requirements of section twenty-nine hundred eightythree of this article have been satisfied, an attending physician or health care provider shall contact the registry to determine whether the individual has transmitted a health care proxy to the registry. In the event such individual has transmitted his or her health care proxy to the registry, such health care proxy or a copy thereof shall be inserted in the principal's medical record.
§ 3. The public health law is amended by adding a new section 2986-a to read as follows:
§ 2986-a. Health care proxy registry. 1. Definitions. For the purposes 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
a health care proxy or health care proxies properly executed pursuant to this article.
2. Health care proxy registry; establishment. The department shall establish a health care proxy registry, which shall maintain health care proxies submitted to such registry pursuant to this section and provide access to such registry by attending physicians, health care providers and the principal of a health care proxy.
3. Transmission of health care proxy to the registry. An individual, regardless of his or her residency, may transmit his or her health care proxy to the department for placement in the registry. Such transmission may be via first class mail or in any other manner prescribed by the department in regulation.
4. Access to the registry. The department shall establish a straightforward, easily accessible mechanism to provide health care providers and the principal of a health care proxy access to the registry. Such access may be through a website-based system or a toll-free calling system. Such registry shall comply with all state and federal laws and regulations related to maintaining the privacy and confidentiality of records contained within the registry.
5. Revocation or modification of a health care proxy. When an individual has revoked or modified his or her health care proxy, it shall be such individual's responsibility to notify the registry of such revocation, or to transmit to the registry such modified registry.
6. Liability. Neither the department, nor the registry, shall be civilly or criminally liable for providing, upon request, a health care proxy to an attending health care provider, if such health care proxy being provided pursuant to this section has been revoked or modified pursuant to this article by the individual for whom the health care proxy has been created and such individual has failed to transmit to the registry pursuant to this section notification of such revocation or, as the case may be, failed to transmit pursuant to this section such modified health care proxy.
§ 4. The department of health shall promulgate regulations to implement the provisions of this act, which shall include, at a minimum, provisions affording attending health care providers reasonable opportunity to contact the health care proxy registry, at no cost to the health care provider.
§ 5. This act shall take effect on the one hundred eightieth day after it shall have become a law; provided that, effective immediately, any rules and regulations necessary to implement the provisions of this act on its effective date are authorized and directed to be completed on or before such effective date.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
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