S T A T E O F N E W Y O R K
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9709
I N A S S E M B L Y
May 16, 2014
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Introduced by M. of A. GOTTFRIED -- read once and referred to the
Committee on Health
AN ACT to amend the public health law, in relation to providing for a
decision regarding hospice care on behalf of a hospice-eligible inca-
pable adult patient without a surrogate; and to repeal paragraph (c)
of subdivision 5 of section 2994-g of such law relating thereto
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 2994-g of the public health law is amended by
adding a new subdivision 5-a to read as follows:
5-A. DECISIONS REGARDING HOSPICE CARE. AN ATTENDING PHYSICIAN SHALL BE
AUTHORIZED TO MAKE DECISIONS REGARDING HOSPICE CARE AND EXECUTE APPRO-
PRIATE DOCUMENTS FOR SUCH DECISIONS (INCLUDING A HOSPICE ELECTION FORM)
FOR AN ADULT PATIENT UNDER THIS SECTION WHO IS HOSPICE ELIGIBLE IN
ACCORDANCE WITH THE FOLLOWING REQUIREMENTS.
(A) THE ATTENDING PHYSICIAN SHALL MAKE DECISIONS UNDER THIS SECTION IN
CONSULTATION WITH STAFF DIRECTLY RESPONSIBLE FOR THE PATIENT'S CARE, AND
SHALL BASE HIS OR HER DECISIONS ON THE STANDARDS FOR SURROGATE DECISIONS
SET FORTH IN SUBDIVISIONS FOUR AND FIVE OF SECTION TWENTY-NINE HUNDRED
NINETY-FOUR-D OF THIS ARTICLE;
(B) THERE IS A CONCURRING OPINION AS FOLLOWS:
(I) IN A GENERAL HOSPITAL, AT LEAST ONE OTHER PHYSICIAN DESIGNATED BY
THE HOSPITAL MUST INDEPENDENTLY DETERMINE THAT HE OR SHE CONCURS THAT
THE RECOMMENDATION IS CONSISTENT WITH SUCH STANDARDS FOR SURROGATE DECI-
SIONS;
(II) IN A RESIDENTIAL HEALTH CARE FACILITY, THE MEDICAL DIRECTOR OF
THE FACILITY, OR A PHYSICIAN DESIGNATED BY THE MEDICAL DIRECTOR, MUST
INDEPENDENTLY DETERMINE THAT HE OR SHE CONCURS THAT THE RECOMMENDATION
IS CONSISTENT WITH SUCH STANDARDS FOR SURROGATE DECISIONS; PROVIDED THAT
IF THE MEDICAL DIRECTOR IS THE PATIENT'S ATTENDING PHYSICIAN, A DIFFER-
ENT PHYSICIAN DESIGNATED BY THE RESIDENTIAL HEALTH CARE FACILITY MUST
MAKE THIS INDEPENDENT DETERMINATION; OR
(III) IN SETTINGS OTHER THAN A GENERAL HOSPITAL OR RESIDENTIAL HEALTH
CARE FACILITY, THE MEDICAL DIRECTOR OF THE HOSPICE, OR A PHYSICIAN
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14910-02-4
A. 9709 2
DESIGNATED BY THE MEDICAL DIRECTOR, MUST INDEPENDENTLY DETERMINE THAT HE
OR SHE CONCURS THAT THE RECOMMENDATION IS MEDICALLY APPROPRIATE AND
CONSISTENT WITH SUCH STANDARDS FOR SURROGATE DECISIONS; PROVIDED THAT IF
THE MEDICAL DIRECTOR IS THE PATIENT'S ATTENDING PHYSICIAN, A DIFFERENT
PHYSICIAN DESIGNATED BY THE HOSPICE MUST MAKE THIS INDEPENDENT DETERMI-
NATION; AND
(C) THE ETHICS REVIEW COMMITTEE OF THE GENERAL HOSPITAL, RESIDENTIAL
HEALTH CARE FACILITY OR HOSPICE, AS APPLICABLE, INCLUDING AT LEAST ONE
PHYSICIAN WHO IS NOT THE PATIENT'S ATTENDING PHYSICIAN, OR A COURT OF
COMPETENT JURISDICTION, MUST REVIEW THE DECISION AND DETERMINE THAT IT
IS CONSISTENT WITH SUCH STANDARDS FOR SURROGATE DECISIONS.
S 2. Paragraph (c) of subdivision 5 of section 2994-g of the public
health law is REPEALED.
S 3. This act shall take effect immediately.