What's happening
This bill creates a statewide health care proxy registry for easier access by health care providers and individuals.
Why it matters
Centralized, Secure Access for Critical Decisions. By creating a uniform registry for health care proxies, this bill ensures that health care providers can quickly access a patient’s advance directives in emergencies, potentially reducing delays in treatment and ensuring that care aligns with the patient's wishes.
Empowers Individuals and Reduces Confusion. Individuals can upload or mail their health care proxy to the registry themselves, giving them more control and reducing the risk that their wishes are overlooked or lost among paperwork at different medical facilities.
Privacy and Legal Protections. The registry must comply with all privacy laws, and it shields the Department of Health from liability if an outdated proxy is provided due to a patient’s failure to update the registry—a provision that clarifies responsibility and encourages individuals to keep their directives current.
No-Cost, Easy Provider Access. The law mandates that health care providers can access the registry at no cost, removing financial or administrative barriers that might otherwise discourage providers from checking for a proxy, and promoting more consistent adherence to patient directives.
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Who cares
Headline styles
Create Health Proxy Registry
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Reported and committed to finance
- Referred to health
- Returned to senate
- Died in assembly
- Referred to health
- Delivered to assembly
- Passed senateVote 60–0
- Ordered to third reading cal.1818
- Committee discharged and committed to rules
- 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 Assembly Committee · Health · Sponsor Steven Englebright
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
6547
2017-2018 Regular Sessions
IN SENATE
June 1, 2017
Introduced by Sen. HANNON -- 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 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 a health care proxy or health care proxies properly executed pursuant to this article.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02958-01-7
S. 6547 2
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.
Sponsor's memo
Title of bill
An act to amend the public health law, in relation to establishing within the department of health a health care proxy registry
Purpose
To establish a central location for maintaining and providing to attending physicians and health care providers voluntarily submitted health care proxies within the Department of Health.
Summary of provisions
Section 1 adds a new definition to section 2980 of the Public Health Law to define "health care proxy registry" or "registry" for purposes of Article 29-C of the Public Health Law.
Section 2 amends section 2984 of the Public Health Law to establish an obligation for certain individuals and entities to access the health care proxy registry.
Section 3 establishes the Health Care Proxy Registry within the Department of Health.
Section 4 authorizes the Department of Health to promulgate regulations necessary to implement the provisions of this act.
Section 5 is the effective date.
Existing law
Article 29-C of the Public Health Law establishes statutory authority for health care proxies, but does not establish a central location for accessing health care proxies duly perfected pursuant to the terms of Article 29-C.
Justification
Recent events related to end of life decisions have raised the consciousness of New Yorkers regarding such matters. The need for individuals to make their wishes concerning their health care known under circumstances where such individual is incapable of making their own end of life decisions is paramount to avoiding unnecessary litigation and family strife. Therefore, it is important for the state of New York to establish a registry for health care proxies. The Department of Health currently provides individuals with health care proxy forms and instructions for duly perfecting such proxies. It makes sense to take one further step to require the department to accept and maintain health care proxies within the department, as well as to provide copies of such proxies to attending physicians and health care providers.
Legislative history
2015-2016: S.6081-A - Passed Senate, died in Assembly (2016) 2009-2010: S.6739
Fiscal implications
To be determined.
Effective date
This act shall take effect on the one hundred eightieth day after it shall have become a law; provided that 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.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.