Bill Text: NY A07343 | 2011-2012 | General Assembly | Amended
Bill Title: Extends provisions of the Family Health Care Decisions act to decisions regarding hospice care.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Passed) 2011-07-20 - signed chap.167 [A07343 Detail]
Download: New_York-2011-A07343-Amended.html
S T A T E O F N E W Y O R K
________________________________________________________________________
7343--A
2011-2012 Regular Sessions
I N A S S E M B L Y
April 29, 2011
___________
Introduced by M. of A. GOTTFRIED, P. RIVERA -- read once and referred to
the Committee on Health -- reported and referred to the Committee on
Codes -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee
AN ACT to amend the public health law, in relation to extending the
provisions of the Family Health Care Decisions act to decisions
regarding hospice care
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Subdivision 18 of section 2994-a of the public health law,
2 as added by chapter 8 of the laws of 2010 is amended, and two new subdi-
3 visions 5-a and 17-a are added to read as follows:
4 5-A. "DECISIONS REGARDING HOSPICE CARE" MEANS THE DECISION TO ENROLL
5 OR DISENROLL IN HOSPICE, AND CONSENT TO THE HOSPICE PLAN OF CARE AND
6 MODIFICATIONS TO THAT PLAN.
7 17-A. "HOSPICE" MEANS A HOSPICE AS DEFINED IN ARTICLE FORTY OF THIS
8 CHAPTER, WITHOUT REGARD TO WHERE THE HOSPICE CARE IS PROVIDED.
9 18. "Hospital" means a general hospital [or], a residential health
10 care facility, OR HOSPICE.
11 S 2. Subdivision 1 of section 2994-b of the public health law, as
12 added by chapter 8 of the laws of 2010, is amended to read as follows:
13 1. This article shall apply to health care decisions regarding health
14 care provided in a hospital [to], AND TO DECISIONS REGARDING HOSPICE
15 CARE WITHOUT REGARD TO WHERE THE DECISION IS MADE OR WHERE THE CARE IS
16 PROVIDED, FOR a patient who lacks decision-making capacity, except as
17 limited by this section.
18 S 3. Paragraph (b) of subdivision 3 of section 2994-c of the public
19 health law, as added by chapter 8 of the laws of 2010, is amended to
20 read as follows:
21 (b) (i) In a residential health care facility, a health or social
22 services practitioner employed by or otherwise formally affiliated with
23 the facility must independently determine whether an adult patient lacks
24 decision-making capacity.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10291-07-1
A. 7343--A 2
1 (ii) In a general hospital a health or social services practitioner
2 employed by or otherwise formally affiliated with the facility must
3 independently determine whether an adult patient lacks decision-making
4 capacity if the surrogate's decision concerns the withdrawal or with-
5 holding of life-sustaining treatment.
6 (III) WITH RESPECT TO DECISIONS REGARDING HOSPICE CARE FOR A PATIENT
7 IN A GENERAL HOSPITAL OR RESIDENTIAL HEALTH CARE FACILITY, THE HEALTH OR
8 SOCIAL SERVICES PRACTITIONER MUST BE EMPLOYED BY OR OTHERWISE FORMALLY
9 AFFILIATED WITH THE GENERAL HOSPITAL OR RESIDENTIAL HEALTH CARE FACILI-
10 TY.
11 S 4. The opening paragraph of subdivision 5 of section 2994-d of the
12 public health law, as added by chapter 8 of the laws of 2010, is amended
13 to read as follows:
14 Decisions to withhold or withdraw life-sustaining treatment. In addi-
15 tion to the standards set forth in subdivision four of this section,
16 decisions by surrogates to withhold or withdraw life-sustaining treat-
17 ment (INCLUDING DECISIONS TO ACCEPT A HOSPICE PLAN OF CARE THAT PROVIDES
18 FOR THE WITHDRAWAL OR WITHHOLDING OF LIFE-SUSTAINING TREATMENT) shall be
19 authorized only if the following conditions are satisfied, as applica-
20 ble:
21 S 5. Subparagraph (iii) of paragraph (b) of subdivision 4 of section
22 2994-g of the public health law, as added by chapter 8 of the laws of
23 2010, is amended to read as follows:
24 (iii) In a residential health care facility, AND FOR A HOSPICE PATIENT
25 NOT IN A GENERAL HOSPITAL, the medical director of the facility OR
26 HOSPICE, or a physician designated by the medical director, must inde-
27 pendently determine that he or she concurs that the recommendation is
28 appropriate; provided that if the medical director is the patient's
29 attending physician, a different physician designated by the residential
30 health care facility OR HOSPICE must make this independent determi-
31 nation. Any health or social services practitioner employed by or other-
32 wise formally affiliated with the facility OR HOSPICE may provide a
33 second opinion for decisions about physical restraints made pursuant to
34 this subdivision.
35 S 6. Subdivision 5 of section 2994-g of the public health law is
36 amended by adding a new paragraph (c) to read as follows:
37 (C) WITH RESPECT TO A DECISION REGARDING HOSPICE CARE FOR A PATIENT IN
38 A GENERAL HOSPITAL OR RESIDENTIAL HEALTH CARE FACILITY, THE SECOND
39 PHYSICIAN MUST BE DESIGNATED BY THE GENERAL HOSPITAL OR RESIDENTIAL
40 HEALTH CARE FACILITY.
41 S 7. Subdivision 4 of section 2994-m of the public health law is
42 amended by adding a new paragraph (c) to read as follows:
43 (C) WHEN AN ETHICS REVIEW COMMITTEE IS CONVENED TO REVIEW DECISIONS
44 REGARDING HOSPICE CARE FOR A PATIENT IN A GENERAL HOSPITAL OR RESIDEN-
45 TIAL HEALTH CARE FACILITY, THE RESPONSIBILITIES OF THIS SECTION SHALL BE
46 CARRIED OUT BY THE ETHICS REVIEW COMMITTEE OF THE GENERAL HOSPITAL OR
47 RESIDENTIAL HEALTH CARE FACILITY, PROVIDED THAT SUCH COMMITTEE SHALL
48 INVITE A REPRESENTATIVE FROM HOSPICE TO PARTICIPATE.
49 S 8. Subdivision 13 of section 2994-aa of the public health law, as
50 added by chapter 8 of the laws of 2010, is amended to read as follows:
51 13. "Nonhospital order not to resuscitate" means an order that directs
52 emergency medical services personnel, HOSPICE PERSONNEL and hospital
53 emergency services personnel not to attempt cardiopulmonary resusci-
54 tation in the event a patient suffers cardiac or respiratory arrest.
55 S 9. This act shall take effect on the sixtieth day after it shall
56 have become a law.
