What's happening
The bill allows hospitals or providers to refuse life-sustaining treatment if carrying out a patient’s own decision, with appeal rights for surrogates.
Why it matters
Empowers hospitals and providers. to refuse life-sustaining treatment if they are following the patient’s own expressed wishes, rather than automatically deferring to the surrogate's demand for continued care.
Clarifies the balance of authority. between a patient’s prior decisions and a surrogate’s choices, ensuring that the patient’s autonomy is prioritized even in critical care scenarios.
Preserves critical safeguards. for surrogates by guaranteeing the right to appeal through an ethics committee or court, offering a structured avenue to contest a provider’s refusal and protecting against unilateral decisions.
May impact end-of-life care practices. by reducing situations where hospitals are compelled to provide life-sustaining treatment against both their judgment and the patient’s wishes, potentially affecting outcomes for patients with advanced illness or who have left clear directives.
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Who cares
Headline styles
Resolve Surrogate Care Disputes
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Referred to health
- Referred to health
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3283
2019-2020 Regular Sessions
IN ASSEMBLY
January 29, 2019
Introduced by M. of A. PRETLOW, GOTTFRIED -- read once and referred 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 Assembly, do enact as follows:
Section 1. Subdivision 3 of section 2994-f of the public health law, as amended by chapter 430 of the laws of 2017, 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 individual 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.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07775-01-9
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.