Provides for the protection of health information; establishes requirements for communications to individuals about their health information; requires either written consent or a designated necessary purpose for the processing of an individual's health information.
S 8841 adds mandatory electronic personal income tax filings as a new method for New Yorkers to register for the Donate Life Registry, which facilitates organ, eye, and tissue donation. It requires tax forms subject to electronic filing to include a clear, conspicuous question asking: "Would you like to be added to the Donate Life Registry? Check box for 'yes' or 'skip this question'." This change directly affects all New York residents who file taxes electronically, making organ donation registration part of routine tax processing. The bill updates existing public health law provisions to include tax filings alongside other registration methods like driver's licenses and health insurance applications.
Relates to providing information to patients and the public on hospital rule-based exclusions; requires the commissioner of health to collect from each hospital a list of its hospital rule-based exclusions and publish such information on the department's website.
Prohibits drug, cannabis or alcohol testing of pregnant or postpartum individuals and newborns unless the individual consents and it is within the scope of medical care, or the testing is necessary for a medical emergency.
Provides liability protections for health care providers who issue vaccines so long as such vaccination does not arise out of willful misconduct or gross negligence.
This bill restores a specific medical futility standard as a basis for Do Not Resuscitate (DNR) orders under New York's Family Health Care Decisions Act (FHCDA) and surrogate court procedures. It allows two physicians to determine that resuscitation would be medically futile - meaning it would not restore heart or breathing function or would lead to repeated cardiac arrests before death - without requiring court approval for patients lacking decision-making capacity. This directly affects patients in end-of-life situations, particularly those with developmentally disabilities, by providing a clearer pathway for DNR orders when resuscitation is deemed ineffective. The change amends existing laws to reintroduce this criterion, which was removed when the FHCDA replaced New York's former DNR law in 2010.
Prevents discrimination by insurers based on an individual's mental health or substance use disorder; incorporates into law federal enforcement rules set forth in the federal mental health parity and addiction equity act of 2008.
Provides for enrollment of eligible incarcerated persons in the medical assistance for needy persons program; provides for enrollment of incarcerated individuals in other medical assistance programs, where eligible.
Relates to physician charges for missed appointments by patients; bars physicians from charging fees if a patient arrives on time for appointment but was not seen; requires written policy about missed appointments be prominently posted in patient waiting room and included in bills mailed to patients.
This bill simplifies enrollment and recertification for New York Medicaid recipients needing long-term care. It automatically assigns people requiring community-based long-term care for over 120 days to a managed care plan (based on prior care workers, quality, and location), unless they choose otherwise. It also allows certain groups - like those in managed long-term care plans, receiving personal care services, or getting fixed Social Security income - to recertify automatically without resubmitting resource documentation, using "attestation" instead. These changes aim to reduce administrative burdens for both recipients and the state.
