senate Bill S7155A

2013-2014 Legislative Session

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

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Archive: Last Bill Status - In Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 16, 2014 print number 7155a
amend and recommit to health
May 01, 2014 referred to health

Bill Amendments

Original
A (Active)
Original
A (Active)

S7155 - Details

See Assembly Version of this Bill:
A9670A
Current Committee:
Law Section:
Public Health Law
Laws Affected:
Amd §2994-f, Pub Health L

S7155 - 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.

S7155 - Sponsor Memo

S7155 - Bill Text download pdf

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

                                  7155

                            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

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.
  S 2. This act shall take effect immediately.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13624-01-4

S7155A (ACTIVE) - Details

See Assembly Version of this Bill:
A9670A
Current Committee:
Law Section:
Public Health Law
Laws Affected:
Amd §2994-f, Pub Health L

S7155A (ACTIVE) - 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.

S7155A (ACTIVE) - Sponsor Memo

S7155A (ACTIVE) - Bill Text download pdf

                    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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