Bill S7155A-2013

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

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.

Details

Actions

  • Jun 16, 2014: PRINT NUMBER 7155A
  • Jun 16, 2014: AMEND AND RECOMMIT TO HEALTH
  • May 1, 2014: REFERRED TO HEALTH

Memo

BILL NUMBER:S7155A

TITLE OF BILL: An act to amend the public health law, in relation to disputes between a surrogate and a hospital or individual health care provider

PURPOSE OF GENERAL IDEA OF BILL: This is one of a series of seven bills, informally referred to as the "Surrogate Decision-Making Improvement Acts." The bills make technical/minor, clarifying and coordinating amendments and other improvements to the Family Health Care Decisions Act (FHCDA) (Ch. 8, Laws of 2010) and other laws that govern health care decisions, including life-sustaining treatment decisions, for patients who lack decision-making capacity.

This bill clarifies that the provisions relating to disputes between a surrogate and a hospital or individual health care provider do not apply when the hospital or individual health care provider is carrying out a patient's prior decision that meet standards set forth in the FHCDA.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends PHL section 2994-f to clarify that the provisions relating to disputes between a surrogate and a hospital or individual health care provider do not apply when the hospital or individual health care provider is carrying out a patient's prior decision that meet standards set forth in PHL § 2994-d, provided that the surrogate in such instance retains the right to request ethics committee review of the case or judicial review in accordance with other provisions in the FHCDA.

Section 2 is the effective date: immediately.

JUSTIFICATION:

This amendment ensures that a surrogate's objection will not prohibit a provider from following the clearly expressed prior wishes of a patient.

The Family Health Care Decisions Act (FHCDA) now states that if a surrogate directs the provision of life-sustaining treatment, but the hospital or individual health care provider "does not wish to provide such treatment," the hospital or individual provider nevertheless must either comply with the surrogate's decision, transfer the patient or seek court review.

The provision is appropriate as applied to a dispute between the surrogate and the provider. However, it does not clearly or appropriately apply to disputes between a surrogate and the patient himself, as evidenced by the patient's clear prior decision. Indeed, it would be constitutionally and ethically problematic to apply this clause to override a patient's clear prior decision.

Notably, the FHCDA provides that a provider does not need to seek the consent of a surrogate when a patient has made a decision about proposed health care in accordance with certain requirements. PHL 2994-d.3(a)(ii). Accordingly, this amendment clarifies that the provision relating to a dispute between the surrogate and the provider does not apply "when the hospital or individual health care provider is carrying out a patient's decision made pursuant to paragraph (ii) of subdivision 3 of section twenty-nine hundred ninety-four-d of this article."

The amendment recognizes that the surrogate retains other means to challenge the patient's prior decision, i.e.: through the ethics review committee process or judicial review.

PRIOR LEGISLATIVE HISTORY: New bill

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 7155--A IN SENATE May 1, 2014 ___________
Introduced by Sen. HANNON -- read twice and ordered printed, and when printed to be committed to the Committee on Health -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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.

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