Prohibits the appointment of a health care agent or surrogate who is the subject of an order of protection protecting the principal.
TITLE OF BILL: An act to amend the public health law, in relation to certain health care agents or surrogates and protecting patients
Permits a court to remove the authority of a health care agent or surrogate to make medical decisions for a beneficiary if the agent is subject to an order of protection against the beneficiary; or has been arrested Or criminally charged with, a criminal act that allegedly caused the beneficiary's incapacitation.
SUMMARY OF PROVISIONS:
Section 1 of the bill permits a court to remove a health care agent if the agent is subject to an order of protection against the beneficiary or has been arrested or criminally charged with a criminal act that allegedly caused the beneficiary's incapacitation.
Section 2 of the bill makes corresponding changes to health surrogates.
Section 3 of the bill provides the effective date.
Allowing the person who is responsible for another person's death to continue to be their healthcare agent or surrogate is disrespectful to the person's family and friends. A person who is responsible for the incapacitation of such person is not suitable to act in a rational manner in making healthcare decisions and may not have that person's best interests in mind. There are no explicit provisions under current law that provide for removal of such persons as healthcare agents or surrogates. This bill permits a court to remove such persons as healthcare agents or surrogates.
2012 - S.7765 - Referred to Rules
This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 1207--A 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________Introduced by Sens. CARLUCCI, LARKIN -- read twice and ordered printed, and when printed to be committed to the Committee on Health -- commit- tee discharged, bill amended, ordered reprinted as amended and recom- mitted to said committee AN ACT to amend the public health law, in relation to certain health care agents or surrogates and protecting patients THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 2992 of the public health law, as added by chapter 752 of the laws of 1990, is amended to read as follows: S 2992. Special proceeding authorized. The health care provider, the conservator for, or committee of the principal, members of the princi- pal's family, a close friend of the principal as defined in subdivision five of section two thousand nine hundred sixty-one of this chapter, or the commissioner of health, mental health, or
[mental retardation and]developmental disabilities may commence a special proceeding pursuant to article four of the civil practice law and rules, in a court of compe- tent jurisdiction, with respect to any dispute arising under this arti- cle, including, but not limited to, a proceeding to: 1. determine the validity of the health care proxy; 2. have the agent removed on the ground that the agent (a) is not reasonably available, willing and competent to fulfill his or her obli- gations under this article [or]; (b) is acting in bad faith; OR (C) IS THE SUBJECT OF AN ORDER OF PROTECTION PROTECTING THE PRINCIPAL OR HAS BEEN ARRESTED OR CHARGED FOR A CRIMINAL ACT THAT ALLEGEDLY CAUSED THE PRINCIPAL'S LACK OF CAPACITY OR SUBSTANTIALLY INJURED OR IMPAIRED THE HEALTH STATUS OF THE PRINCIPAL, PROVIDED THAT THE APPLICATION OF THIS PROVISION IN A PARTICULAR CASE MAY BE WAIVED OR MODIFIED IN THE INTEREST OF JUSTICE; orEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05345-03-3 S. 1207--A 2
3. override the agent's decision about health care treatment on the grounds that: (a) the decision was made in bad faith or (b) the decision is not in accordance with the standards set forth in subdivision one or two of section two thousand nine hundred eighty-two of this article. S 2. Subdivision 2 of section 2994-r of the public health law, as added by chapter 8 of the laws of 2010, is amended to read as follows: 2. Court orders designating surrogate. A court of competent jurisdic- tion may designate any individual from the surrogate list to act as surrogate, regardless of that individual's priority on the list, if the court determines that such appointment would best accord with the patient's wishes or, if the patient's wishes are not reasonably known, with the patient's best interests. THE COURT MAY REMOVE A SURROGATE ON THE GROUND THAT THE SURROGATE: (A) IS NOT REASONABLY AVAILABLE, WILLING AND COMPETENT TO FULFILL HIS OR HER OBLIGATIONS UNDER THIS ARTICLE; (B) IS ACTING IN BAD FAITH; OR (C) IS THE SUBJECT OF AN ORDER OF PROTECTION PROTECTING THE PATIENT OR HAS BEEN ARRESTED OR CHARGED FOR A CRIMINAL ACT THAT ALLEGEDLY CAUSED THE PATIENT'S LACK OF CAPACITY OR SUBSTANTIAL- LY INJURED OR IMPAIRED THE HEALTH STATUS OF THE PATIENT, PROVIDED THAT THE APPLICATION OF THIS PROVISION IN A PARTICULAR CASE MAY BE WAIVED OR MODIFIED IN THE INTEREST OF JUSTICE. Unless otherwise determined by a court, no surrogate decision made prior to an order designating a surro- gate shall be deemed to have been invalid because of the issuance of a designating order. S 3. This act shall take effect immediately.