S T A T E O F N E W Y O R K
________________________________________________________________________
2140--A
2015-2016 Regular Sessions
I N A S S E M B L Y
January 15, 2015
___________
Introduced by M. of A. GOTTFRIED -- read once and referred 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 protecting patient
health care decisions
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. The public health law is amended by adding a new section
2 2999-a-1 to read as follows:
3 S 2999-A-1. PROTECTION OF PATIENT HEALTH CARE DECISIONS. 1. DEFI-
4 NITIONS. AS USED IN THIS SECTION, THE FOLLOWING TERMS HAVE THE FOLLOWING
5 MEANING:
6 (A) "PATIENT HEALTH CARE DECISION" MEANS AN INDIVIDUAL'S DECISION
7 (HOWEVER EXPRESSED OR RECORDED) TO CONSENT TO, REFUSE CONSENT TO, WITH-
8 DRAW CONSENT TO, OR DEMAND ANY HEALTH CARE SERVICE OR TREATMENT OR
9 HEALTH CARE RESEARCH TO BE PROVIDED TO OR PARTICIPATED IN BY THE INDI-
10 VIDUAL, WHICH A HEALTH CARE PROVIDER IS LEGALLY REQUIRED TO ADHERE TO OR
11 ACCOMMODATE, AND OF WHICH THE HEALTH CARE PROVIDER KNOWS OR REASONABLY
12 SHOULD KNOW.
13 (B) "PATIENT" MEANS THE INDIVIDUAL WHO IS OR WOULD BE THE RECIPIENT OF
14 THE HEALTH CARE SERVICE OR TREATMENT OR THE SUBJECT OF THE HEALTH CARE
15 RESEARCH. WHERE A PATIENT LACKS CAPACITY TO MAKE A PATIENT HEALTH CARE
16 DECISION AND AN INDIVIDUAL WHO HAS LEGAL AUTHORITY TO DO SO LAWFULLY
17 MAKES THE PATIENT HEALTH CARE DECISION, THE PATIENT HEALTH CARE DECISION
18 SHALL BE DEEMED, FOR PURPOSES OF THIS SECTION, TO BE THE PATIENT HEALTH
19 CARE DECISION OF THE PATIENT.
20 (C) "HEALTH CARE" INCLUDES BOTH PHYSICAL AND MENTAL HEALTH CARE.
21 (D) "HEALTH CARE PROVIDER" MEANS AN INDIVIDUAL OR ENTITY LEGALLY
22 AUTHORIZED TO PROVIDE A HEALTH CARE SERVICE OR TREATMENT OR ENGAGE IN
23 HEALTH CARE RESEARCH.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02740-02-5
A. 2140--A 2
1 2. IN A JUDICIAL OR ADMINISTRATIVE ACTION OR PROCEEDING RELATING TO A
2 HEALTH CARE PROVIDER'S FAILURE OR REFUSAL TO ADHERE TO OR ACCOMMODATE A
3 PATIENT'S PATIENT HEALTH CARE DECISION:
4 (A) THE ACTION OR PROCEEDING SHALL NOT BE BARRED BECAUSE THE HEALTH
5 CARE PROVIDER'S FAILURE OR REFUSAL TO ADHERE TO OR ACCOMMODATE A
6 PATIENT'S HEALTH CARE DECISION (I) DID NOT CAUSE PHYSICAL, MENTAL,
7 EMOTIONAL, OR ECONOMIC INJURY TO THE PATIENT OR (II) IMPROVED THE PHYS-
8 ICAL, MENTAL, OR EMOTIONAL CONDITION OF THE PATIENT. HOWEVER, THE PRES-
9 ENCE OR ABSENCE OF SUCH INJURY OR IMPROVEMENT MAY BE CONSIDERED IN THE
10 MEASURE OF DAMAGES, PENALTY OR OTHER RELIEF.
11 (B) A COURT MAY AWARD DAMAGES FOR EACH DAY THE HEALTH CARE PROVIDER'S
12 FAILURE OR REFUSAL TO ADHERE TO OR ACCOMMODATE A PATIENT'S HEALTH CARE
13 DECISION IN THE AMOUNT OF TWO THOUSAND DOLLARS FOR EACH DAY OR SUCH
14 OTHER AMOUNT AS THE COURT MAY DEEM JUST.
15 (C) A WAIVER BY OR ON BEHALF OF A PATIENT OF THE RIGHT TO BRING AN
16 ACTION OR PROCEEDING UNDER THIS SUBDIVISION SHALL BE AGAINST PUBLIC
17 POLICY AND SHALL BE VOID.
18 (D) LAWS AND RULES RELATING TO CIVIL ACTIONS OR PROCEEDINGS SHALL
19 APPLY, EXCEPT AS EXPLICITLY PROVIDED OTHERWISE IN THIS SECTION.
20 3. THIS SECTION SHALL NOT CHANGE THE AUTHORITY OF A HEALTH CARE
21 PROVIDER TO PROVIDE A HEALTH CARE SERVICE OR TREATMENT IN THE ABSENCE OF
22 OR CONTRARY TO A PATIENT'S CONSENT, WHERE AUTHORIZED BY LAW.
23 4. NO HEALTH CARE PROVIDER SHALL SEEK OR ACCEPT PAYMENT OR REIMBURSE-
24 MENT FROM OR ON BEHALF OF THE PATIENT OR A THIRD-PARTY PAYER FOR A
25 HEALTH CARE SERVICE OR TREATMENT THAT IS PROVIDED IN THE ABSENCE OF OR
26 CONTRARY TO THE PATIENT'S CONSENT, UNLESS IT WAS AUTHORIZED BY LAW TO BE
27 PROVIDED IN THE ABSENCE OF OR CONTRARY TO THE PATIENT'S CONSENT.
28 S 2. This act shall take effect immediately.