New York State Assembly

 
•  Summary 
 
•  Actions 
 
•  Floor Votes 
 
•  Memo 
 
•  Text 

A05309 Summary:

A05309 Actions:

A05309 Floor Votes:

A05309 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         5309--A
 
                               2013-2014 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 22, 2013
                                       ___________
 
        Introduced  by  M. of A. SKOUFIS, ZEBROWSKI, GUNTHER, RAIA, SCHIMMINGER,
          GALEF, JAFFEE, MONTESANO, TITONE, BRONSON,  ROBERTS,  OTIS  --  Multi-
          Sponsored  by -- M. of A. ARROYO, COOK, DUPREY, GIBSON, JACOBS, PERRY,
          ROBINSON, SCHIMEL, SEPULVEDA, WEISENBERG -- 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 certain health
          care agents or surrogates and protecting patients
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1. Section 2992 of the public health law, as added by chapter
     2  752 of the laws of 1990, is amended to read as follows:
     3    § 2992. Special proceeding authorized. The health care  provider,  the
     4  conservator  for,  or committee of the principal, members of the princi-
     5  pal's family, a close friend of the principal as defined in  subdivision
     6  five  of section two thousand nine hundred sixty-one of this chapter, or
     7  the commissioner of health, mental health, or [mental  retardation  and]

     8  developmental disabilities may commence a special proceeding pursuant to
     9  article  four  of the civil practice law and rules, in a court of compe-
    10  tent jurisdiction, with respect to any dispute arising under this  arti-
    11  cle, including, but not limited to, a proceeding to:
    12    1. determine the validity of the health care proxy;
    13    2.  have  the  agent  removed  on the ground that the agent (a) is not
    14  reasonably available, willing and competent to fulfill his or her  obli-
    15  gations  under  this article [or]; (b) is acting in bad faith; or (c) is
    16  the subject of an order of protection protecting the  principal  or  has
    17  been  arrested  or  charged for a criminal act that allegedly caused the
    18  principal's lack of capacity or substantially injured  or  impaired  the

    19  health  status  of  the principal, provided that the application of this
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05345-02-3
        A. 5309--A                          2
 
     1  provision in a particular case may be waived or modified in the interest
     2  of justice; or
     3    3.  override  the  agent's decision about health care treatment on the
     4  grounds that: (a) the decision was made in bad faith or (b) the decision
     5  is not in accordance with the standards set forth in subdivision one  or
     6  two of section two thousand nine hundred eighty-two of this article.
     7    §  2.  Subdivision  2  of  section 2994-r of the public health law, as

     8  added by chapter 8 of the laws of 2010, is amended to read as follows:
     9    2. Court orders designating surrogate. A court of competent  jurisdic-
    10  tion  may  designate  any  individual  from the surrogate list to act as
    11  surrogate, regardless of that individual's priority on the list, if  the
    12  court  determines  that  such  appointment  would  best  accord with the
    13  patient's wishes or, if the patient's wishes are not  reasonably  known,
    14  with  the patient's best interests.  The court may remove a surrogate on
    15  the ground that the surrogate: (a) is not reasonably available,  willing
    16  and  competent to fulfill his or her obligations under this article; (b)
    17  is acting in bad faith; or (c) is the subject of an order of  protection
    18  protecting  the  patient  or has been arrested or charged for a criminal

    19  act that allegedly caused the patient's lack of capacity or substantial-
    20  ly injured or impaired the health status of the patient,  provided  that
    21  the  application of this provision in a particular case may be waived or
    22  modified in the interest of justice. Unless otherwise  determined  by  a
    23  court, no surrogate decision made prior to an order designating a surro-
    24  gate  shall  be deemed to have been invalid because of the issuance of a
    25  designating order.
    26    § 3. This act shall take effect immediately.