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

                                  9709

                          I N  A S S E M B L Y

                              May 16, 2014
                               ___________

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.