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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7155
                                   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
       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.
   17    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD13624-01-4