NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7872A
SPONSOR: Paulin PURPOSE: OR GENERAL IDEA OF THE BILL:
To make information about appointing a health care agent available to
patients who have been diagnosed with a terminal illness or condition.
SUMMARY:
Section 1 adds a new paragraph (c) to subdivision 2 of section 2997-c of
the public health law requiring a patient's health care practitioner to
counsel the patient about the benefits of completing a health care proxy
and appointing a health care agent. The section also requires a copy of
the newly completed or existing health care proxy to be made a part of
the patient's medical record.
Section 2 is the effective date.
JUSTIFICATION:
Section 2997-c of the public health law addresses palliative care
patient information and currently requires health care practitioners to
provide information and counseling on palliative care and end-of-life
options and information about other appropriate treatment options should
the patient wish to initiate or continue treatment. This legislation
adds a requirement for the health care practitioner to provide informa-
tion and counseling to the patient about appointing a health care agent,
which is an important option to protect patient health care choices
should they become unable to make those choices known to their practi-
tioner.
PRIOR LEGISLATIVE HISTORY:
New Bill.
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE: :
This act takes effect immediately.
STATE OF NEW YORK
________________________________________________________________________
7872--A
Cal. No. 312
2023-2024 Regular Sessions
IN ASSEMBLY
July 7, 2023
___________
Introduced by M. of A. PAULIN -- read once and referred to the Committee
on Health -- recommitted to the Committee on Health in accordance with
Assembly Rule 3, sec. 2 -- advanced to a third reading, passed by
Assembly and delivered to the Senate, recalled from the Senate, vote
reconsidered, bill amended, ordered reprinted, retaining its place on
the order of third reading
AN ACT to amend the public health law, in relation to providing health
care proxy information to palliative care patients
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph (b) of subdivision 2 of section 2997-c of the
2 public health law, as amended by chapter 256 of the laws of 2012, is
3 amended and a new paragraph (c) is added to read as follows:
4 (b) information regarding other appropriate treatment options should
5 the patient wish to initiate or continue treatment. The information and
6 counseling may be provided orally or in writing. Where the patient lacks
7 capacity to reasonably understand and make informed choices relating to
8 palliative care, the attending health care practitioner shall provide
9 information and counseling under this section to a person with authority
10 to make health care decisions for the patient. The attending health care
11 practitioner may arrange for information and counseling under this
12 section to be provided by another professionally qualified
13 individual[.], and
14 (c) information and counseling regarding benefits of completing a
15 health care proxy and appointing a health care agent. A copy of the
16 newly completed or existing health care proxy shall be requested by the
17 health care practitioner and made a part of the patient's medical
18 record.
19 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10636-02-4
