NY State Senate Bill 2023-S2777

Senate Bill S2777

2023-2024 Legislative Session

Changes the default standard on statutory health proxy forms regarding life-sustaining treatment standards

download bill text pdf

Current Bill Status - In Senate Committee Health Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to health
Jan 24, 2023	referred to health

2023-S2777 (ACTIVE) - Details

See Assembly Version of this Bill:: A1448
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Amd §§2980, 2981 & 2982, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2013-2014: A9566
2015-2016: A674
2017-2018: A4055
2019-2020: S5939, A730
2021-2022: S4967, A2634

2023-S2777 (ACTIVE) - Summary

Relates to life-sustaining treatment standards.

2023-S2777 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S2777

SPONSOR: RIVERA
 
TITLE OF BILL:

An act to amend the public health law, in relation to the artificial
hydration and nutrition decision standard

 
PURPOSE:

Changes the default standard on statutory health proxy forms regarding
life-sustaining treatment standards

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends subdivision 4 of section 2980 of the public health law
as it relates to the term health care. This section includes hydration
and nutrition as a form of treatment, service, or procedure that is
performed to diagnose or treat an individual's physical or mental condi-
tion.

Section 2 amends the fourth undesignated paragraph of paragraph (d) of

subdivision 5 of section 2981 of the public health law as it relates to
the contents and form of health proxy. This section allows the principal
to state their wishes regarding withholding or withdrawing life-sustain-
ing treatment, including hydration and nutrition, to guide their agent's
decisions.

Section 3 amends subdivision 2 of section 2982 of the public health law
as it relates to decision-making standards. This section removes
language that takes away the agent's authority to make decisions regard-
ing artificial nutrition and hydration if the principal's wishes are not
reasonably known and cannot be reasonably ascertained.

Section 4 provides the effective date.

 
JUSTIFICATION:

This bill makes the decision-making standard for an agent under the
Health Care Proxy Law similar to the standard for a surrogate under the
Family Health Care Decisions Act (FHCDA). Specifically, the FHCDA
provides that a surrogate must make decisions about life-sustaining
treatment, including artificial nutrition and hydration, based on the
patient's wishes or, if the patient's wishes are not reasonably known,
based on the patient's best interests. In contrast, the 1990 Health Care
Proxy Law allows the patient's designated agent to make decisions about
artificial nutrition and hydration only if the decision is based on the
patient's reasonably known wishes and not if the decision is based on
the patient's best interests. There is little basis for this disparity
in standards. Moreover, the special rule for decisions about artificial
nutrition and hydration in the Health Care Proxy Law has been a source
of enduring confusion and misinterpretation.

This amendment would make the FHCDA standard, with its careful defi-
nition of "best interests" that now applies to decisions made by surro-
gates, applicable to decisions by health care agents.

 
LEGISLATIVE HISTORY:

2013-2014: S7154A (Hannon)/A95668 Rosenthal

2015-2016: S4794 (Hannon)/A674 Rosenthal

2019-2020: S5939/A730A Rosenthal

2021-2022: S4967/A2634 Rosenthal

 
FISCAL IMPLICATIONS:

None to the state

 
EFFECTIVE DATE:
This bill shall take effect ninety days after the date on which this act
shall have become a law.

2023-S2777 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2777
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 24, 2023
                                ___________
 
 Introduced  by  Sen.  RIVERA -- 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  the  artificial
   hydration and nutrition decision standard
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 4 of section 2980 of the public health law,  as
 added by chapter 752 of the laws of 1990, is amended to read as follows:
   4. "Health care" means any treatment, service or procedure to diagnose
 or  treat  an  individual's  physical  or  mental  condition,  INCLUDING
 HYDRATION AND NUTRITION.
   § 2. The fourth undesignated paragraph of paragraph (d) of subdivision
 5 of section 2981 of the public health law, as added by chapter  752  of
 the laws of 1990, is amended to read as follows:
   NOTE:  Although not necessary, and neither encouraged nor discouraged,
 you may wish to state instructions or wishes,  and  limit  your  agent's
 authority.  [Unless your agent knows your wishes about artificial nutri-
 tion and hydration, your agent will not have authority to  decide  about
 artificial  nutrition  and  hydration.]  FOR EXAMPLE, YOU MAY STATE YOUR
 WISHES REGARDING WITHHOLDING OR  WITHDRAWING  LIFE-SUSTAINING  TREATMENT
 (INCLUDING  HYDRATION AND NUTRITION) TO GUIDE YOUR AGENT'S DECISIONS. If
 you choose to state instructions, wishes, or limits, please do so below:
   ______________________________________________________________________
   ______________________________________________________________________
   ______________________________________________________________________
   § 3. Subdivision 2 of section  2982  of  the  public  health  law,  as
 amended  by  chapter  230  of  the  laws  of 2004, is amended to read as
 follows:
   2. Decision-making standard. After consultation with a licensed physi-
 cian, registered nurse, licensed psychologist,  licensed  master  social
 worker,  or  a  licensed  clinical  social  worker, the agent shall make
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00975-01-3

 S. 2777                             2
 
 health care decisions: (a) in accordance with  the  principal's  wishes,
 including  the  principal's  religious  and moral beliefs; or (b) if the
 principal's wishes are not reasonably known and cannot  with  reasonable
 diligence be ascertained, in accordance with the principal's best inter-
 ests[;  provided,  however, that if the principal's wishes regarding the
 administration of artificial nutrition and hydration are not  reasonably
 known  and  cannot  with  reasonable diligence be ascertained, the agent
 shall not have the authority to make  decisions  regarding  these  meas-
 ures].
   §  4.  This  act shall take effect on the ninetieth day after it shall
 have become a law, provided that the amendments  to  sections  2981  and
 2982 of the public health law made by sections two and three of this act
 shall  apply  to  decisions made pursuant to health care proxies created
 prior to the effective date of this act as well as those created  there-
 after.

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