Bill Text: NY A05309 | 2013-2014 | General Assembly | Amended
Bill Title: Relates to the appointment of a health care agent or surrogate who is the subject of an order of protection protecting the principal.
Spectrum: Moderate Partisan Bill (Democrat 19-3)
Status: (Passed) 2014-07-22 - signed chap.93 [A05309 Detail]
Download: New_York-2013-A05309-Amended.html
S T A T E O F N E W Y O R K
________________________________________________________________________
5309--A
2013-2014 Regular Sessions
I N A S S E M B L Y
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 S 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 S 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 S 3. This act shall take effect immediately.
