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.
STATE OF NEW YORK
________________________________________________________________________
747
2023-2024 Regular Sessions
IN ASSEMBLY
January 11, 2023
___________
Introduced by M. of A. PRETLOW -- read once and referred to the Commit-
tee 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 amended by chapter 708 of the laws of 2019, 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 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02271-01-3
