Assembly Bill A3283

2019-2020 Legislative Session

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

download bill text pdf

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Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2019-A3283 (ACTIVE) - Details

Current Committee:
Assembly Health
Law Section:
Public Health Law
Laws Affected:
Amd §2994-f, Pub Health L
Versions Introduced in Other Legislative Sessions:
2013-2014: A9670
2015-2016: A2775
2017-2018: A4019
2021-2022: A1577
2023-2024: A747

2019-A3283 (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.

2019-A3283 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3283
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 29, 2019
                                ___________
 
 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 amended by chapter 430 of the laws of 2017, 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.
   § 2. This act shall take effect immediately.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07775-01-9


              

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