senate Bill S7155A

Relates to disputes between a surrogate and a hospital or individual health care provider

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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

  • 01 / May / 2014
    • REFERRED TO HEALTH
  • 16 / Jun / 2014
    • AMEND AND RECOMMIT TO HEALTH
  • 16 / Jun / 2014
    • PRINT NUMBER 7155A

Summary

Relates to disputes between a surrogate and a hospital or individual health care provider; cites when the requirement of a provider to provide life-sustaining treatment following a surrogate's directive does not apply.

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Bill Details

See Assembly Version of this Bill:
A9670A
Versions:
S7155
S7155A
Legislative Cycle:
2013-2014
Current Committee:
Senate Health
Law Section:
Public Health Law
Laws Affected:
Amd §2994-f, Pub Health L

Sponsor Memo

BILL NUMBER:S7155A

TITLE OF BILL: An act to amend the public health law, in relation to
disputes between a surrogate and a hospital or individual health care
provider

PURPOSE OF GENERAL IDEA OF BILL: This is one of a series of seven
bills, informally referred to as the "Surrogate Decision-Making Improve-
ment Acts." The bills make technical/minor, clarifying and coordinating
amendments and other improvements to the Family Health Care Decisions
Act (FHCDA) (Ch. 8, Laws of 2010) and other laws that govern health care
decisions, including life-sustaining treatment decisions, for patients
who lack decision-making capacity.

This bill clarifies that the provisions relating to disputes between a
surrogate and a hospital or individual health care provider do not apply
when the hospital or individual health care provider is carrying out a
patient's prior decision that meet standards set forth in the FHCDA.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends PHL section 2994-f to clarify that the provisions
relating to disputes between a surrogate and a hospital or individual
health care provider do not apply when the hospital or individual health
care provider is carrying out a patient's prior decision that meet stan-
dards set forth in PHL § 2994-d, provided that the surrogate in such
instance retains the right to request ethics committee review of the
case or judicial review in accordance with other provisions in the
FHCDA.

Section 2 is the effective date: immediately.

JUSTIFICATION:

This amendment ensures that a surrogate's objection will not prohibit a
provider from following the clearly expressed prior wishes of a patient.

The Family Health Care Decisions Act (FHCDA) now states that if a surro-
gate directs the provision of life-sustaining treatment, but the hospi-
tal or individual health care provider "does not wish to provide such
treatment," the hospital or individual provider nevertheless must either
comply with the surrogate's decision, transfer the patient or seek court
review.

The provision is appropriate as applied to a dispute between the surro-
gate and the provider. However, it does not clearly or appropriately
apply to disputes between a surrogate and the patient himself, as
evidenced by the patient's clear prior decision. Indeed, it would be
constitutionally and ethically problematic to apply this clause to over-
ride a patient's clear prior decision.

Notably, the FHCDA provides that a provider does not need to seek the
consent of a surrogate when a patient has made a decision about proposed
health care in accordance with certain requirements. PHL
2994-d.3(a)(ii). Accordingly, this amendment clarifies that the
provision relating to a dispute between the surrogate and the provider
does not apply "when the hospital or individual health care provider is
carrying out a patient's decision made pursuant to paragraph (ii) of
subdivision 3 of section twenty-nine hundred ninety-four-d of this arti-
cle."

The amendment recognizes that the surrogate retains other means to chal-
lenge the patient's prior decision, i.e.: through the ethics review
committee process or judicial review.

PRIOR LEGISLATIVE HISTORY: New bill

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
________________________________________________________________________

                                 7155--A

                            I N  S E N A T E

                               May 1, 2014
                               ___________

Introduced  by  Sen.  HANNON -- read twice and ordered printed, and when
  printed to be committed  to  the  Committee  on  Health  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the public health law, in relation to disputes between a
  surrogate and a hospital or individual health care provider

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

  Section 1. Subdivision 3 of section 2994-f of the public  health  law,
as  added  by  chapter  8  of  the  laws  of 2010, is amended to read as
follows:
  3. Notwithstanding the provisions of this section or  subdivision  one
of  section  twenty-nine  hundred  ninety-four-q  of  this article, if a
surrogate directs the provision of life-sustaining treatment, the denial
of which in reasonable medical judgment would be likely to result in the
death of the patient, a hospital or individual health care provider that
does not wish to provide such treatment shall  nonetheless  comply  with
the  surrogate's  decision  pending  either transfer of the patient to a
willing hospital or individual health care provider, or judicial  review
in  accordance  with  section  twenty-nine hundred ninety-four-r of this
article. THIS REQUIREMENT SHALL NOT APPLY WHEN THE HOSPITAL OR  INDIVID-
UAL  HEALTH  CARE  PROVIDER  IS  CARRYING  OUT A PATIENT'S DECISION MADE
PURSUANT TO SUBPARAGRAPH (II) OF PARAGRAPH (A) OF SUBDIVISION  THREE  OF
SECTION TWENTY-NINE HUNDRED NINETY-FOUR-D OF THIS ARTICLE; PROVIDED THAT
THE  SURROGATE  IN  SUCH  INSTANCE  RETAINS  THE RIGHT TO REQUEST ETHICS
COMMITTEE REVIEW OF THE CASE PURSUANT  TO  SECTION  TWENTY-NINE  HUNDRED
NINETY-FOUR-M  OF  THIS  ARTICLE,  OR JUDICIAL REVIEW IN ACCORDANCE WITH
SECTION TWENTY-NINE HUNDRED NINETY-FOUR-R OF THIS ARTICLE.
  S 2. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13624-03-4

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