Bill Text: NY S07155 | 2013-2014 | General Assembly | Amended

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Bill Title: 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.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2014-06-16 - PRINT NUMBER 7155A [S07155 Detail]

Download: New_York-2013-S07155-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        7155--A
                                   I N  S E N A T E
                                      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:
    1    Section 1. Subdivision 3 of section 2994-f of the public  health  law,
    2  as  added  by  chapter  8  of  the  laws  of 2010, is amended to read as
    3  follows:
    4    3. Notwithstanding the provisions of this section or  subdivision  one
    5  of  section  twenty-nine  hundred  ninety-four-q  of  this article, if a
    6  surrogate directs the provision of life-sustaining treatment, the denial
    7  of which in reasonable medical judgment would be likely to result in the
    8  death of the patient, a hospital or individual health care provider that
    9  does not wish to provide such treatment shall  nonetheless  comply  with
   10  the  surrogate's  decision  pending  either transfer of the patient to a
   11  willing hospital or individual health care provider, or judicial  review
   12  in  accordance  with  section  twenty-nine hundred ninety-four-r of this
   13  article. THIS REQUIREMENT SHALL NOT APPLY WHEN THE HOSPITAL OR  INDIVID-
   14  UAL  HEALTH  CARE  PROVIDER  IS  CARRYING  OUT A PATIENT'S DECISION MADE
   15  PURSUANT TO SUBPARAGRAPH (II) OF PARAGRAPH (A) OF SUBDIVISION  THREE  OF
   16  SECTION TWENTY-NINE HUNDRED NINETY-FOUR-D OF THIS ARTICLE; PROVIDED THAT
   17  THE  SURROGATE  IN  SUCH  INSTANCE  RETAINS  THE RIGHT TO REQUEST ETHICS
   18  COMMITTEE REVIEW OF THE CASE PURSUANT  TO  SECTION  TWENTY-NINE  HUNDRED
   19  NINETY-FOUR-M  OF  THIS  ARTICLE,  OR JUDICIAL REVIEW IN ACCORDANCE WITH
   20  SECTION TWENTY-NINE HUNDRED NINETY-FOUR-R OF THIS ARTICLE.
   21    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD13624-03-4