What's happening
This bill establishes an electronic registry for Medical Orders for Life-Sustaining Treatment (MOLST) forms in New York State.
Why it matters
Creates a centralized, secure electronic registry for MOLST forms, ensuring that patient wishes regarding life-sustaining treatment are easily accessible to authorized healthcare providers, especially in emergencies.
Mandates that healthcare providers must submit completed MOLST forms to the registry within 14 days, promoting timely updates and accuracy of end-of-life care decisions across care settings.
Prohibits funding the registry through fees imposed directly on practitioners or patients, reducing barriers to participation and ensuring equitable access.
Empowers the Department of Health to set protocols for confidentiality, security, and access monitoring, addressing privacy concerns and maintaining trust in the system.
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Who cares
Headline styles
Create Life-Sustaining Orders Registry
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 55
3 Co-sponsors
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 End-of-Life Registry
In Assembly Committee · Health · Sponsor Joseph Morelle
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
966
2017-2018 Regular Sessions
IN SENATE
January 5, 2017
Introduced by Sen. FUNKE -- 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 the establishment of a registry system for medical orders for life-sustaining treatment (MOLST)
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 2994-dd of the public health law is amended by adding a new subdivision 7 to read as follows:
7. Medical orders for life-sustaining treatment (MOLST) means medical orders to provide, withhold or withdraw life-sustaining treatment. The MOLST form is the alternative form authorized by the commissioner under subdivision five of this section. The MOLST form and guidance and checklists for using the MOLST form for any patient in any setting shall be posted on the department's website.
§ 2. Section 2994-dd of the public health law is amended by adding four new subdivisions 8, 9, 10 and 11 to read as follows:
8. Establishment of system. (a) The department or the department's designee shall, in accordance with the provisions of this section, establish and maintain an electronic system for collecting, maintaining, and transmitting MOLST forms authorized under subdivision six of this section, to be known as the New York State eMOLST Registry.
(b) The registry shall be designed to accept physician order form DOH-5003 MOLST and the electronic version of DOH-5003 MOLST ("eMOLST") completed by a licensed physician.
(c) The department shall establish and implement such protocols as are reasonably necessary to ensure that information transmitted and contained in the registry is maintained in a secure and confidential manner and is accessible only by users designated by the department and available in an emergency. Such protocols shall include a mechanism to monitor and record access to the registry.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00925-01-7
S. 966 2
9. Duty to submit to registry. Any health care provider who completes and signs a medical order form DOH-5003 MOLST or the electronic version of DOH-5003 MOLST ("eMOLST") shall submit a copy of the completed MOLST form to the eMOLST Registry within fourteen days of completion of such form in accordance with protocols established by the department.
10. Operation of the registry established by this section shall not be funded, in whole or in part, by fees imposed specifically for such purposes upon practitioners or patients using MOLST.
11. The commissioner shall promulgate such rules and regulations as are necessary to effectuate the provisions of this section.
§ 3. This act shall take effect immediately; provided, however, section two of this act shall take effect on the first of April next succeeding the date on which it shall have become a law.
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 the establishment of a registry system for medical orders for life-sustaining treatment (MOLST)
Purpose
To support the long-term sustainability of the Medical Orders for Life-Sustaining Treatment (MOLST) program by expressly referencing the MOLST program in statute, creating an e-MOLST registry, and provide for mandatory submission to the registry in order to accelerate the digital transformation of the MOLST program.
Summary of provisions
Section 1 amends Section 2994-dd of the Public Health Law to expressly reference and define the MOLST program in statute.
Section 2 amends the Public Health Law to direct the Department of Health, or a designee of the Department of Health, to establish and maintain an electronic system for collecting, maintaining, and transmitting MOLST forms, to be known as the "New York State e-MOLST Registry".
Section 3 amends the Public Health Law to require a health care provider that completes and signs a medical order form DOH-5003 MOLST or the electronic version of DOH-5003 MOLST ("eMOLST") to submit a copy of the completed form to the Registry within fourteen days of completion.
Section 4 prohibits the imposition of fees on practitioners or patients that use MOLST or eMOLST to fund the operation of the Registry.
Section 5 authorizes the Commissioner of Health to promulgate rules and regulations necessary to establish, operate and maintain the Registry.
Justification
The MOLST program, developed with the assistance of Excellus Blue Cross Blue Shield and in collaboration with the Department of Health, has grown into a statewide program that assists physicians and other health care providers discuss and convey a patient's wishes regarding cardiopulmonary resuscitation (CPR) and other life-sustaining treatment. The MOLST form is the only authorized form in New York for documenting both nonhospital DNR and DNI orders. The form is beneficial to patients and providers as it provides specific medical orders and is recognized all health care settings, including the community. The MOLST program has grown to include a secure web-based electronic version of the MOLST Form (eMOLST) and an electronic database centrally housing eMOLST forms to allow 24/7 access in an emergency.
New York has been a national leader in advanced care planning and providing patients with opportunities and consumer protections to ensure their preferences for treatment at the end of life are honored. Recently, other states have passed legislation and invested significant resources to further advance and sustain their MOLST programs. This Bill would enhance the public-private partnership of the program to ensure that it continues to benefit the residents of New York.
The goals of the MOLST program align with the Department's development innovative payment models and the triple aim. Health care policy is beginning to recognize the importance of advance care planning. CMS recently began reimbursing health care professionals for providing advance care planning services to Medicare and Medicaid members. New York State insurers have reimbursed health care professionals for MOLST discussions and end of life care planning. Advancement of this program will allow for more New York residents to ensure their preferences for treatment at the end of life are honored.
Legislative history
S.7883/A.10644 of 2016; Referred to Health
Fiscal implications
Minimal.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.