S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    747
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             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:

   Section  1.  Subdivision 3 of section 2994-f of the public health law,
 as amended by chapter 708 of the laws of 2019, is  amended  to  read  as
 follows:
   3.  Notwithstanding  the provisions of this section or subdivision one
 of section twenty-nine hundred  ninety-four-q  of  this  article,  if  a
 surrogate directs the provision of life-sustaining treatment, the denial
 of which in reasonable medical judgment would be likely to result in the
 death of the patient, a hospital or individual health care provider that
 does  not  wish  to provide such treatment shall nonetheless comply with
 the surrogate's decision pending either transfer of  the  patient  to  a
 willing  hospital or individual health care provider, or judicial review
 in accordance with section twenty-nine  hundred  ninety-four-r  of  this
 article.  THIS REQUIREMENT SHALL NOT APPLY WHEN THE HOSPITAL OR INDIVID-
 UAL HEALTH CARE PROVIDER IS  CARRYING  OUT  A  PATIENT'S  DECISION  MADE
 PURSUANT  TO  SUBPARAGRAPH (II) OF PARAGRAPH (A) OF SUBDIVISION THREE OF
 SECTION TWENTY-NINE HUNDRED NINETY-FOUR-D OF THIS ARTICLE; PROVIDED THAT
 THE SURROGATE IN SUCH INSTANCE  RETAINS  THE  RIGHT  TO  REQUEST  ETHICS
 COMMITTEE  REVIEW  OF  THE  CASE PURSUANT TO SECTION TWENTY-NINE HUNDRED
 NINETY-FOUR-M OF THIS ARTICLE, OR JUDICIAL  REVIEW  IN  ACCORDANCE  WITH
 SECTION TWENTY-NINE HUNDRED NINETY-FOUR-R OF THIS ARTICLE.
   § 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