Bill Text: NY A02675 | 2013-2014 | General Assembly | Amended
Bill Title: Requires health care providers (i.e., an entity licensed/certified under certain articles of the public health law or the mental hygiene law, a health care practitioner licensed/registered/certified under title eight of the education law, or a provider of pharmaceutical products/services or durable medical equipment) to disclose errors in diagnosis, treatment or other services that the provider knows has caused substantial harm or significant risk of substantial harm; provides there shall be a rebuttable presumption that the provider knew of the error and the harm or risk of harm if, under the circumstances, the provider reasonably should have had knowledge thereof; provides such disclosure shall be made within a reasonable period of time and be reasonably understandable.
Spectrum: Partisan Bill (Democrat 15-0)
Status: (Introduced - Dead) 2014-04-28 - amended on third reading 2675a [A02675 Detail]
Download: New_York-2013-A02675-Amended.html
S T A T E O F N E W Y O R K
________________________________________________________________________
2675--A
Cal. No. 555
2013-2014 Regular Sessions
I N A S S E M B L Y
January 17, 2013
___________
Introduced by M. of A. GOTTFRIED, GALEF, GANTT, MAGNARELLI, PAULIN,
PERRY, RIVERA -- Multi-Sponsored by -- M. of A. BRENNAN, COLTON,
DINOWITZ, HOOPER, JACOBS, ORTIZ, WEINSTEIN, WRIGHT -- read once and
referred to the Committee on Health -- recommitted to the Committee on
Health in accordance with Assembly Rule 3, sec. 2 -- reported and
referred to the Committee on Codes -- reported from committee,
advanced to a third reading, amended and ordered reprinted, retaining
its place on the order of third reading
AN ACT to amend the public health law, in relation to requiring health
care providers to inform patients or their representatives of certain
errors in diagnosis, treatment or other services
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Legislative findings. The legislature finds that the Ameri-
2 can Medical Association (AMA) has expressed its support for physicians
3 providing full disclosure to their patients regarding their medical
4 treatments and conditions. The AMA's council on ethical and judicial
5 affairs has stated: "It is a fundamental ethical requirement that a
6 physician should at all times deal honestly and openly with patients.
7 Patients have a right to know their past and present medical status and
8 to be free of any mistaken beliefs concerning their conditions. Situ-
9 ations occasionally occur in which a patient suffers significant medical
10 complications that may have resulted from the physician's mistake or
11 judgment. In these situations, the physician is ethically required to
12 inform the patient of all the facts necessary to ensure understanding of
13 what has occurred. Only through full disclosure is a patient able to
14 make informed decisions regarding future medical care." The AMA adds:
15 "Concern regarding legal liability which might result following truthful
16 disclosure should not affect the physician's honesty with a patient."
17 (code of medical ethics: current opinions of the council on ethical and
18 judicial affairs, AMA Policy Finder, E-8.12, updated June, 1994.) The
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01435-02-4
A. 2675--A 2
1 legislature further finds that this ethical mandate ought to have the
2 support of law, and ought to apply not only to physicians, but to all
3 health care providers.
4 S 2. The public health law is amended by adding a new section 2805-x
5 to read as follows:
6 S 2805-X. HEALTH CARE PROVIDER; DUTY TO INFORM PATIENT OF ERROR. 1.
7 DEFINITION. AS USED IN THIS SECTION, "HEALTH CARE PROVIDER" MEANS AN
8 ENTITY LICENSED OR CERTIFIED UNDER THIS ARTICLE OR ARTICLE THIRTY-SIX OF
9 THIS CHAPTER OR UNDER ARTICLE THIRTY-ONE OR THIRTY-TWO OF THE MENTAL
10 HYGIENE LAW, A HEALTH CARE PRACTITIONER LICENSED, REGISTERED OR CERTI-
11 FIED UNDER TITLE EIGHT OF THE EDUCATION LAW, OR A PROVIDER OF PHARMACEU-
12 TICAL PRODUCTS OR SERVICES OR DURABLE MEDICAL EQUIPMENT.
13 2. A HEALTH CARE PROVIDER SHALL DISCLOSE TO HIS, HER, OR ITS PATIENT
14 OR THE PATIENT'S REPRESENTATIVE, ANY ERROR IN DIAGNOSIS, TREATMENT OR
15 OTHER SERVICE BY THE HEALTH CARE PROVIDER THAT THE HEALTH CARE PROVIDER
16 KNOWS HAS CAUSED SUBSTANTIAL HARM OR SIGNIFICANT RISK OF SUBSTANTIAL
17 HARM TO THE PATIENT. THERE SHALL BE A REBUTTABLE PRESUMPTION THAT THE
18 HEALTH CARE PROVIDER KNEW OF SUCH ERROR AND OF SUCH HARM OR RISK OF HARM
19 IF, UNDER THE CIRCUMSTANCES, THE HEALTH CARE PROVIDER REASONABLY SHOULD
20 HAVE HAD KNOWLEDGE THEREOF. THE DISCLOSURE SHALL BE MADE WITHIN A
21 REASONABLE PERIOD OF TIME AND BE REASONABLY UNDERSTANDABLE TO THE
22 PATIENT OR THE PATIENT'S REPRESENTATIVE, AND SHALL INCLUDE A STATEMENT
23 OF THE HARM OR RISK OF HARM.
24 3. A HEALTH CARE PROVIDER SHALL NOT BE LIABLE FOR FAILURE TO DISCLOSE
25 AN ERROR, HARM OR RISK OF HARM UNDER THIS SECTION IF THE HEALTH CARE
26 PROVIDER REASONABLY BELIEVES THAT SUCH DISCLOSURE HAS ALREADY BEEN MADE
27 BY ANOTHER HEALTH CARE PROVIDER.
28 S 3. This act shall take effect immediately.
