senate Bill S1207A

Relates to the appointment of a health care agent or surrogate who is the subject of an order of protection protecting the principal

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 09 / Jan / 2013
    • REFERRED TO HEALTH
  • 11 / Jun / 2013
    • AMEND (T) AND RECOMMIT TO HEALTH
  • 11 / Jun / 2013
    • PRINT NUMBER 1207A
  • 08 / Jan / 2014
    • REFERRED TO HEALTH
  • 27 / Feb / 2014
    • 1ST REPORT CAL.201
  • 03 / Mar / 2014
    • 2ND REPORT CAL.
  • 04 / Mar / 2014
    • ADVANCED TO THIRD READING
  • 10 / Mar / 2014
    • SUBSTITUTED BY A5309A

Summary

Prohibits the appointment of a health care agent or surrogate who is the subject of an order of protection protecting the principal.

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Bill Details

See Assembly Version of this Bill:
A5309A
Versions:
S1207
S1207A
Legislative Cycle:
2013-2014
Law Section:
Public Health Law
Laws Affected:
Amd ยงยง2992 & 2994-r, Pub Health L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S3232, S7765, A10486
2009-2010: S371

Votes

15
0
15
Aye
0
Nay
1
aye with reservations
0
absent
0
excused
0
abstained
show Health committee vote details

Sponsor Memo

BILL NUMBER:S1207A

TITLE OF BILL: An act to amend the public health law, in relation to
certain health care agents or surrogates and protecting patients

PURPOSE:

Permits a court to remove the authority of a health care agent or
surrogate to make medical decisions for a beneficiary if the agent is
subject to an order of protection against the beneficiary; or has been
arrested Or criminally charged with, a criminal act that allegedly
caused the beneficiary's incapacitation.

SUMMARY OF PROVISIONS:

Section 1 of the bill permits a court to remove a health care agent if
the agent is subject to an order of protection against the beneficiary
or has been arrested or criminally charged with a criminal act that
allegedly caused the beneficiary's incapacitation.

Section 2 of the bill makes corresponding changes to health
surrogates.

Section 3 of the bill provides the effective date.

JUSTIFICATION:

Allowing the person who is responsible for another person's death to
continue to be their healthcare agent or surrogate is disrespectful to
the person's family and friends. A person who is responsible for the
incapacitation of such person is not suitable to act in a rational
manner in making healthcare decisions and may not have that person's
best interests in mind. There are no explicit provisions under current
law that provide for removal of such persons as healthcare agents or
surrogates. This bill permits a court to remove such persons as
healthcare agents or surrogates.

LEGISLATIVE HISTORY:

2012 - S.7765 - Referred to Rules

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect immediately.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 1207--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by Sens. CARLUCCI, LARKIN -- read twice and ordered printed,
  and when printed to be committed to the Committee on Health -- commit-
  tee discharged, bill amended, ordered reprinted as amended and  recom-
  mitted to said committee

AN  ACT  to  amend  the public health law, in relation to certain health
  care agents or surrogates and protecting patients

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Section 2992 of the public health law, as added by chapter
752 of the laws of 1990, is amended to read as follows:
  S 2992. Special proceeding authorized. The health care  provider,  the
conservator  for,  or committee of the principal, members of the princi-
pal's family, a close friend of the principal as defined in  subdivision
five  of section two thousand nine hundred sixty-one of this chapter, or
the commissioner of health, mental health, or [mental  retardation  and]
developmental disabilities may commence a special proceeding pursuant to
article  four  of the civil practice law and rules, in a court of compe-
tent jurisdiction, with respect to any dispute arising under this  arti-
cle, including, but not limited to, a proceeding to:
  1. determine the validity of the health care proxy;
  2.  have  the  agent  removed  on the ground that the agent (a) is not
reasonably available, willing and competent to fulfill his or her  obli-
gations  under  this article [or]; (b) is acting in bad faith; OR (C) IS
THE SUBJECT OF AN ORDER OF PROTECTION PROTECTING THE  PRINCIPAL  OR  HAS
BEEN  ARRESTED  OR  CHARGED FOR A CRIMINAL ACT THAT ALLEGEDLY CAUSED THE
PRINCIPAL'S LACK OF CAPACITY OR SUBSTANTIALLY INJURED  OR  IMPAIRED  THE
HEALTH  STATUS  OF  THE PRINCIPAL, PROVIDED THAT THE APPLICATION OF THIS
PROVISION IN A PARTICULAR CASE MAY BE WAIVED OR MODIFIED IN THE INTEREST
OF JUSTICE; or

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05345-03-3

S. 1207--A                          2

  3. override the agent's decision about health care  treatment  on  the
grounds that: (a) the decision was made in bad faith or (b) the decision
is  not in accordance with the standards set forth in subdivision one or
two of section two thousand nine hundred eighty-two of this article.
  S  2.  Subdivision  2  of  section 2994-r of the public health law, as
added by chapter 8 of the laws of 2010, is amended to read as follows:
  2. Court orders designating surrogate. A court of competent  jurisdic-
tion  may  designate  any  individual  from the surrogate list to act as
surrogate, regardless of that individual's priority on the list, if  the
court  determines  that  such  appointment  would  best  accord with the
patient's wishes or, if the patient's wishes are not  reasonably  known,
with  the patient's best interests.  THE COURT MAY REMOVE A SURROGATE ON
THE GROUND THAT THE SURROGATE: (A) IS NOT REASONABLY AVAILABLE,  WILLING
AND  COMPETENT TO FULFILL HIS OR HER OBLIGATIONS UNDER THIS ARTICLE; (B)
IS ACTING IN BAD FAITH; OR (C) IS THE SUBJECT OF AN ORDER OF  PROTECTION
PROTECTING  THE  PATIENT  OR HAS BEEN ARRESTED OR CHARGED FOR A CRIMINAL
ACT THAT ALLEGEDLY CAUSED THE PATIENT'S LACK OF CAPACITY OR SUBSTANTIAL-
LY INJURED OR IMPAIRED THE HEALTH STATUS OF THE PATIENT,  PROVIDED  THAT
THE  APPLICATION OF THIS PROVISION IN A PARTICULAR CASE MAY BE WAIVED OR
MODIFIED IN THE INTEREST OF JUSTICE. Unless otherwise  determined  by  a
court, no surrogate decision made prior to an order designating a surro-
gate  shall  be deemed to have been invalid because of the issuance of a
designating order.
  S 3. This act shall take effect immediately.

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