What's happening
This bill expands patient rights in New York hospitals, including informed consent, staff identification, and participation in human research.
Why it matters
Strengthens patients’ ability to make informed decisions. by requiring hospitals to provide comprehensive information about treatments, alternatives, and risks, tailored to each patient’s known medical conditions.
Enhances transparency of hospital staff roles. by mandating that patients be told the name, position, and function of anyone involved in their care—including medical students and certain unlicensed physicians—and gives patients the right to refuse care or observation from those individuals.
Requires explicit consent for participation in human research. , ensuring patients are fully informed and voluntarily agree in writing before being involved in any research activities during their hospital stay.
Expands patient discharge protections. by reinforcing the right to a suitable discharge plan and making sure patients can’t be sent home until necessary follow-up care is arranged or reasonably available, promoting smoother transitions and better health outcomes.
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Who cares
Headline styles
Expand Hospital Patient Rights
Plain English, a few words. Used as the page title.
Sponsors
2 Co-sponsors
History
- Referred to health
- Delivered to assembly
- Passed senateVote 59–1
- Advanced to third reading
- 2nd report cal.
- 1st report cal.170
- Referred to health
- Print number 1029a
- Amend (t) and recommit 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.
Guarantee Hospital Informed Consent
In Assembly Committee · Health · Sponsor Victor M. Pichardo
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1029--A
2019-2020 Regular Sessions
IN SENATE
January 10, 2019
Introduced by Sen. RIVERA -- read twice and ordered printed, and when printed to be committed to the Committee on Health -- 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
(vi) a right to a discharge review in accordance with section twentyeight hundred three-i of this article. The form and content of such
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06444-04-9
S. 1029--A 2
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.
Sponsor's memo
Title of bill
An act to amend the public health law, in relation to the provision of informed consent
Purpose
To include within the hospital patient's bill of rights additional provisions which clearly state a patient's right to receive certain information so that they can in turn consent
Summary of provisions
Section 1 of the bill amends section 2803 (g) of the public health law, to update the patient's bill of rights that general hospitals are required to provide to patients, to include (1) the right to receive all information necessary to provide informed consent for a proposed proce- dure or treatment and alternate treatment options including the possible risks and benefits taking into account any known preconditions, (2) the right to be informed of the name, position and functions of any hospital staff including medical students an physicians exempt from NYS licensure who are involved in a patient's care and refuse their treatment, exam- ination or observation; and (3) a right to be informed of any human research and to voluntarily provide written informed consent to partic- ipate.
Section 2 of the bill provides an effective date.
Justification
Health care is extraordinarily complex. It is also an industry where the difference in knowledge and understanding between the health provider and patient is usually vast. It is therefore critical that health care providers impart adequate information in a manner that a patient can understand so that he or she can effectively exercise the right to make informed decisions about the plan of care, medical or surgical inter- ventions, care after discharge, etc. In other words, easy-to-understand health forms and accompanying information are crucial.
Hospitals are already required to provide patients with a standardized, clearly stated patient bill of rights to help inform them. By clearly stating and including important rights around informed consent in this document, patients will be better inform and, thus, the important discussions around treatment and procedures is much more likely to take place between patient and provider. Fully informing patients of their options and obtaining their consent based upon that information is imperative, and this legislation will help to inform patients so they can make the very best health care decisions with their providers.
Legislative history
The original bill, S 1029 of 2019, took a different approach to address- ing informed consent by creating a new Article in the public health law. This amended version of the bill preserves those protections identified in the original bill, and clearly articulates those rights in the exist- ing hospital patient's bill of rights.
Fiscal implications
None
Effective date
January 1st next succeeding enactment
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.