Bill Text: NY A02410 | 2019-2020 | General Assembly | Amended

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Bill Title: Relates to the provision of informed consent.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2020-02-18 - print number 2410a [A02410 Detail]

Download: New_York-2019-A02410-Amended.html

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                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  Assem-
        bly, do enact as follows:

     1    Section  1.  Paragraph  (g)  of  subdivision  1 of section 2803 of the
     2  public health law, as added by chapter 2 of the laws of 1988, is amended
     3  to read as follows:
     4    (g) The commissioner shall require that every general  hospital  adopt
     5  and  make  public  an identical statement of the rights and responsibil-
     6  ities of patients, including, but not limited to:
     7    (i) a patient complaint and quality of care review process[,];
     8    (ii) a right to receive all information  necessary  to  give  informed
     9  consent for any proposed procedure or treatment, and alternate treatment
    10  options  including  the  possible risks and benefits of the procedure or
    11  treatment taking into consideration any known preconditions;
    12    (iii) a right to be informed of the name, position  and  functions  of
    13  any hospital staff including medical students and physicians exempt from
    14  New  York State licensure pursuant to section sixty-five hundred twenty-
    15  six of the education law, involved in a patient's care and refuse  their
    16  treatment, examination or observation;
    17    (iv)  a  right to be informed of any human research and to voluntarily
    18  provide written informed consent to participate;
    19    (v) a right to an appropriate patient discharge plan and for  patients
    20  other  than  beneficiaries of title XVIII of the federal social security
    21  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

     1    (vi) a right to a discharge review in accordance with section  twenty-
     2  eight  hundred  three-i  of  this  article. The form and content of such
     3  statement shall be determined in accordance with rules  and  regulations
     4  adopted  by the council and approved by the commissioner.  A patient who
     5  requires  continuing  health  care  services  in  accordance  with  such
     6  patient's discharge plan may not be discharged until such  services  are
     7  secured  or determined by the hospital to be reasonably available to the
     8  patient. Each general hospital shall give a copy  of  the  statement  to
     9  each patient, or the appointed personal representative of the patient at
    10  or  prior  to  the time of admission to the general hospital, as long as
    11  the patient or the appointed  personal  representative  of  the  patient
    12  receives  such  notice  no  earlier than fourteen days before admission.
    13  Such statement shall also be conspicuously posted by  the  hospital  and
    14  shall  be  a  part  of  the  patient's admission package. Nothing herein
    15  contained shall be construed  to  limit  any  authority  vested  in  the
    16  commissioner pursuant to this article related to the operation of hospi-
    17  tals and care and services provided to patients.
    18    §  2. This act shall take effect on the first of January next succeed-
    19  ing the date on which it shall have become  a  law;  provided,  however,
    20  that effective immediately, the addition, amendment and/or repeal of any
    21  rule  or  regulation necessary for the implementation of this act on its
    22  effective date are authorized and directed to be made and  completed  on
    23  or before such effective date.