S T A T E   O F   N E W   Y O R K
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                                  3824

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 27, 2015
                               ___________

Introduced  by  M.  of  A.  GOLDFEDER  --  read once and referred to the
  Committee on Health

AN ACT to amend the public health law, in relation to the obligation  of
  hospitals,  nursing  homes,  residential  health  care facilities, and
  facilities providing health related service to provide life-sustaining
  health care treatment

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

  Section  1.  The  public health law is amended by adding a new section
2994-h to read as follows:
  S 2994-H. OBLIGATIONS OF HOSPITAL, NURSING  HOME,  RESIDENTIAL  HEALTH
CARE  FACILITY,  OR FACILITY PROVIDING HEALTH RELATED SERVICE. NO HOSPI-
TAL, NURSING HOME, RESIDENTIAL HEALTH CARE FACILITY, OR FACILITY PROVID-
ING HEALTH RELATED SERVICE SHALL WITHHOLD  OR  WITHDRAW  LIFE-SUSTAINING
HEALTH  CARE  TREATMENT  FROM  A  PATIENT  OR DISCHARGE A PATIENT FROM A
FACILITY OVER THE OBJECTION OF THE PATIENT OR, IF THE PATIENT  IS  INCA-
PACITATED,  THE  PATIENT'S  DESIGNATED  HEALTH  CARE AGENT OR, WHERE THE
PATIENT IS INCAPACITATED AND HAS NOT DESIGNATED AN AGENT, THE  PATIENT'S
SURROGATE HEALTH CARE DECISION-MAKER AS DESIGNATED BY LAW TO MAKE HEALTH
CARE  DECISIONS  FOR  THE  PATIENT. IF THE PATIENT IS INCAPACITATED, THE
FACILITY SHALL NOT WITHHOLD  OR  WITHDRAW  LIFE-SUSTAINING  HEALTH  CARE
TREATMENT  FROM  THE  PATIENT OR DISCHARGE THE PATIENT FROM THE FACILITY
UNLESS AND UNTIL THE FACILITY  HAS  CONTACTED  THE  PATIENT'S  SURROGATE
HEALTH  CARE DECISION-MAKER TO DETERMINE IF THERE IS ANY OBJECTION. EVEN
IN THE ABSENCE OF ANY OBJECTION, NO FACILITY SHALL WITHHOLD OR  WITHDRAW
LIFE-SUSTAINING  HEALTH  CARE  TREATMENT  FROM  A PATIENT OR DISCHARGE A
PATIENT FROM THE FACILITY IF THERE IS REASON TO BELIEVE THAT SUCH  WITH-
HOLDING  OR  WITHDRAWAL  OF  TREATMENT  OR  DISCHARGE IS CONTRARY TO THE
PATIENT'S RELIGIOUS BELIEFS, UNLESS THE  PATIENT  HAS  PROVIDED  WRITTEN
CONSENT.  SUCH  WRITTEN  CONSENT MUST BE WITNESSED BY AT LEAST ONE ADULT
EIGHTEEN YEARS OF AGE OR OLDER WHO IS  NOT  THE  PATIENT'S  HEALTH  CARE
DECISION-MAKER.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                      [ ] is old law to be omitted.
                                                           LBD06385-01-5