Bill Text: NY S07150 | 2013-2014 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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

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                           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.