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S1926Senate2009-2010 Session

Living wills and health care representatives where a health care agent or living will has not been executed

Sponsor Thomas K. DuaneSD-29Affects Health
Status
In Senate Committee
Health
Impact
Pending
Passage
Pending

Bill progress

Step 2 of 7

In committee · Health

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Who cares

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Sponsors

Primary sponsor
Thomas K. Duane

Senator · Senate District 29

No co-sponsors yet.

History

  1. Referred to health
  2. Referred to health

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

Title of bill

An act to amend the public health law, in relation to executing living wills and establishing a health care representative to make health care decisions when a health care agent has not been appointed or living will has not been created

Purpose

The purpose of this legislation is to aid in establishing a health care representative to make health care decisions when a health care agent has not been appointed or living will has not been created.

Summary of provisions

Section Two of the bill amends article heading 29-C of the public health law to create definitions of "end-stage medical condition" "health care representatives" and "living will."

Section Three of the bill outlines the execution and form of the living will.

Sections Four of the bill allows for the appointment of a health care representative and the rights and duties of such representative.

Section Five of the bill allows for the use of the living will in subdivision 1 of section 2984 of the public health law.

Section Six provides for revocation of the living will.

Section Seven insures that living wills are not required or prohibited for health care services.

Section Eight states that nothing in this article creates, expands, diminishes, impairs or supersedes and authority a principal may have under law regarding health care decisions.

Section Nine validates the living wills made in other states,

Section Ten states that residential health care and mental hygiene facilities will provide information to patients about living wills.

Section Eleven allows living will to invalidate living will if agent determines living will was signed in bad faith.

Existing law

Current law provides no provision for living will.

Justification

Living will declarations are intended to ease the burden on loved who in the absence of such a "will" could be faced with making difficult medical decisions for their loved ones Such living wills can be revoked at any time by the principal.

Legislative history

New bill.

Fiscal implications

Minimal.

Local fiscal implications

Minimal.

Effective date

This act shall take place on the ninetieth day after is shall become law.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.