What's happening
This bill requires hospitals to notify patients or their representatives of policies refusing certain health care directives before admission, or explain delays in emergencies.
Why it matters
Enhances patient autonomy and informed consent. By requiring hospitals to proactively notify patients or their representatives of any policies that might override or refuse their health care directives, the bill ensures individuals are fully aware of potential limits to their medical decision-making rights before receiving care.
Promotes transparency and accountability. The requirement to explain and document why notification was delayed in emergencies—and to place this explanation in the patient’s medical record—creates a paper trail that can be referenced in case of disputes or legal questions, increasing hospital accountability for communication.
Affects religious and ethical care refusals. Many hospitals, especially those with religious affiliations, may refuse to honor certain directives (such as those involving end-of-life care or reproductive choices). This legislation ensures patients have a chance to choose another facility or make alternative arrangements before admission, which could significantly impact their care options and outcomes.
Strengthens patient rights in vulnerable situations. By closing the loophole that previously allowed notification to occur only “if reasonably possible,” the bill limits the risk that patients or families will only learn of these restrictions after important care decisions need to be made, reducing confusion and distress during already stressful hospital admissions.
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Who cares
Headline styles
Hospitals Must Disclose Proxy Policies
Plain English, a few words. Used as the page title.
Sponsors
3 Co-sponsors
2 Multi-sponsors
History
- Ordered to third reading cal.3
- Advanced to third reading cal.2
- Reported
- Referred to health
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
108
2019-2020 Regular Sessions
IN ASSEMBLY (Prefiled)
January 9, 2019
Introduced by M. of A. L. ROSENTHAL, GOTTFRIED, BRONSON -- Multi-Sponsored by -- M. of A. GLICK, LUPARDO -- 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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01855-01-9
A. 108 2
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.
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.