Bill Text: NY S07150 | 2013-2014 | General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Authorizes an attending physician to make decisions regarding hospice on behalf of an incapable adult without a surrogate.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2014-06-10 - referred to codes [S07150 Detail]
Download: New_York-2013-S07150-Introduced.html
Bill Title: Authorizes an attending physician to make decisions regarding hospice on behalf of an incapable adult without a surrogate.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2014-06-10 - referred to codes [S07150 Detail]
Download: New_York-2013-S07150-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 7150 I N S E N A T E May 1, 2014 ___________ Introduced by Sen. HANNON -- read twice and ordered printed, and when printed to be committed to the Committee on Health AN ACT to amend the public health law, in relation to providing for a decision to elect hospice on behalf of a hospice-eligible incapable adult patient without a surrogate THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Section 2994-g of the public health law is amended by 2 adding a new subdivision 7 to read as follows: 3 7. DECISIONS TO ELECT HOSPICE. AN ATTENDING PHYSICIAN SHALL BE AUTHOR- 4 IZED TO ELECT HOSPICE AND SIGN SUCH ELECTION, AND APPROVE A PLAN OF CARE 5 FOR A HOSPICE-ELIGIBLE ADULT PATIENT WHO HAS BEEN DETERMINED TO LACK 6 DECISION-MAKING CAPACITY PURSUANT TO SECTION TWENTY-NINE HUNDRED NINE- 7 TY-FOUR-C OF THIS ARTICLE, IN ACCORDANCE WITH THE FOLLOWING REQUIRE- 8 MENTS. 9 (A) THE ATTENDING PHYSICIAN SHALL MAKE A RECOMMENDATION IN CONSULTA- 10 TION WITH STAFF DIRECTLY RESPONSIBLE FOR THE PATIENT'S CARE, AND SHALL 11 BASE HIS OR HER RECOMMENDATION ON THE STANDARDS FOR SURROGATE DECISIONS 12 SET FORTH IN SUBDIVISIONS FOUR AND FIVE OF SECTION TWENTY-NINE HUNDRED 13 NINETY-FOUR-D OF THIS ARTICLE; 14 (B) THERE IS A CONCURRING OPINION AS FOLLOWS: 15 (I) IN A GENERAL HOSPITAL, AT LEAST ONE OTHER PHYSICIAN DESIGNATED BY 16 THE HOSPITAL MUST INDEPENDENTLY DETERMINE THAT HE OR SHE CONCURS THAT 17 THE RECOMMENDATION IS CONSISTENT WITH THE AFORESAID STANDARDS FOR SURRO- 18 GATE DECISIONS; 19 (II) IN A RESIDENTIAL HEALTH CARE FACILITY, THE MEDICAL DIRECTOR OF 20 THE FACILITY, OR A PHYSICIAN DESIGNATED BY THE MEDICAL DIRECTOR, MUST 21 INDEPENDENTLY DETERMINE THAT HE OR SHE CONCURS THAT THE RECOMMENDATION 22 IS CONSISTENT WITH THE AFORESAID STANDARDS FOR SURROGATE DECISIONS; 23 PROVIDED THAT IF THE MEDICAL DIRECTOR IS THE PATIENT'S ATTENDING PHYSI- 24 CIAN, A DIFFERENT PHYSICIAN DESIGNATED BY THE RESIDENTIAL HEALTH CARE 25 FACILITY MUST MAKE THIS INDEPENDENT DETERMINATION; OR 26 (III) IN SETTINGS OTHER THAN A GENERAL HOSPITAL OR RESIDENTIAL HEALTH 27 CARE FACILITY, THE MEDICAL DIRECTOR OF THE HOSPICE, OR A PHYSICIAN EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD14910-01-4 S. 7150 2 1 DESIGNATED BY THE MEDICAL DIRECTOR, MUST INDEPENDENTLY DETERMINE THAT HE 2 OR SHE CONCURS THAT THE RECOMMENDATION IS MEDICALLY APPROPRIATE AND 3 CONSISTENT WITH THE AFORESAID STANDARDS FOR SURROGATE DECISIONS; 4 PROVIDED THAT IF THE MEDICAL DIRECTOR IS THE PATIENT'S ATTENDING PHYSI- 5 CIAN, A DIFFERENT PHYSICIAN DESIGNATED BY THE HOSPICE MUST MAKE THIS 6 INDEPENDENT DETERMINATION; AND 7 (C) THE ETHICS REVIEW COMMITTEE OF THE GENERAL HOSPITAL, RESIDENTIAL 8 HEALTH CARE FACILITY OR HOSPICE, AS APPLICABLE, INCLUDING AT LEAST ONE 9 PHYSICIAN WHO IS NOT THE PATIENT'S ATTENDING PHYSICIAN, OR A COURT OF 10 COMPETENT JURISDICTION, MUST REVIEW THE DECISION AND DETERMINE THAT IT 11 IS CONSISTENT WITH THE AFORESAID STANDARDS FOR SURROGATE DECISIONS. 12 S 2. This act shall take effect immediately.