What's happening
This bill expands hospital patient rights, requiring hospitals to provide detailed informed consent, staff identification, and human research information to patients.
Why it matters
Expands patients’ ability to make informed decisions. By requiring hospitals to provide comprehensive information—including risks, benefits, alternatives, and relevant pre-existing conditions—patients are better equipped to understand and consent to their care, potentially reducing medical errors and misunderstandings.
Strengthens patient autonomy regarding who provides care. Patients gain the explicit right to know the name, role, and credentials of every individual involved in their treatment. This includes medical students and out-of-state physicians, and patients can refuse care from any of these personnel, increasing transparency and personal control.
Mandates disclosure and consent for human research participation. Hospitals must inform patients if they are being considered for human research and obtain written, voluntary consent, offering greater protection from involuntary or uninformed participation.
Standardizes and publicizes patient rights. The required statement of rights must be given to each patient, posted conspicuously, and included in admission materials, ensuring consistent hospital practices and making it easier for patients and families to know and assert their rights.
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Who cares
General hospitals
They would have to include explicit informed-consent, staff-identification and human-research rights in the patient rights statement they distribute and post.
Hospital patients
They would have an express right to information about proposed procedures, treatment alternatives, risks and benefits, taking known preconditions into account.
Medical students and physicians exempt from state licensure
Patients would have the right to know their names, positions and functions and refuse their treatment, examination or observation.
Human research participants in hospitals
The statement would specify their right to be informed of human research and voluntarily provide written informed consent to participate.
Headline styles
Guarantee Hospital Informed Consent
Plain English, a few words. Used as the page title.
Sponsors
2 Co-sponsors
History
- Print number 2410a
- Amend (t) and recommit to health
- 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.
Expand Hospital Patient Rights
In Assembly Committee · Health · Sponsor Gustavo Rivera
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2410--A
2019-2020 Regular Sessions
IN ASSEMBLY
January 22, 2019
Introduced by M. of A. PICHARDO, SAYEGH, ARROYO -- read once and referred to the Committee on Health -- recommitted to the Committee on Health in accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee
AN ACT to amend the public health law, in relation to the provision of informed consent
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Paragraph (g) of subdivision 1 of section 2803 of the public health law, as added by chapter 2 of the laws of 1988, is amended to read as follows:
(g) The commissioner shall require that every general hospital adopt and make public an identical statement of the rights and responsibilities of patients, including, but not limited to:
(i) a patient complaint and quality of care review process[,];
(ii) a right to receive all information necessary to give informed consent for any proposed procedure or treatment, and alternate treatment options including the possible risks and benefits of the procedure or treatment taking into consideration any known preconditions;
(iii) a right to be informed of the name, position and functions of any hospital staff including medical students and physicians exempt from New York State licensure pursuant to section sixty-five hundred twentysix of the education law, involved in a patient's care and refuse their treatment, examination or observation;
(iv) a right to be informed of any human research and to voluntarily provide written informed consent to participate;
(v) a right to an appropriate patient discharge plan and for patients other than beneficiaries of title XVIII of the federal social security act (medicare); and
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06444-06-0
A. 2410--A 2
(vi) a right to a discharge review in accordance with section twentyeight hundred three-i of this article. The form and content of such statement shall be determined in accordance with rules and regulations adopted by the council and approved by the commissioner. A patient who requires continuing health care services in accordance with such patient's discharge plan may not be discharged until such services are secured or determined by the hospital to be reasonably available to the patient. Each general hospital shall give a copy of the statement to each patient, or the appointed personal representative of the patient at or prior to the time of admission to the general hospital, as long as the patient or the appointed personal representative of the patient receives such notice no earlier than fourteen days before admission. Such statement shall also be conspicuously posted by the hospital and shall be a part of the patient's admission package. Nothing herein contained shall be construed to limit any authority vested in the commissioner pursuant to this article related to the operation of hospitals and care and services provided to patients.
§ 2. This act shall take effect on the first of January next succeeding the date on which it shall have become a law; provided, however, that effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized and directed to be made and completed on or before such effective date.
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.