Assembly Bill A2775

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

                                  2775

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 20, 2015
                               ___________

Introduced  by  M. of A. PRETLOW, GOTTFRIED -- read once and referred 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; 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.
                                                           LBD05377-01-5