BILL NUMBER: S3363

SPONSOR: RIVERA
 
TITLE OF BILL:

An act to amend the public health law, in relation to the authority of a
hospice medical director to sign a death certificate

 
PURPOSE OR GENERAL IDEA OF BILL:

Adds the authority of a hospice medical director, or their designee, to
the list of authorized personnel that can sign a death certificate.

 
SUMMARY OF PROVISIONS:

Section 1 amends paragraph (a) of subdivision 4 of section 4141 of the
Public Health Law, as it relates to the authorization for signing death
certificates; form and content, to include hospice medical directors or
a physician designated by the medical director as authorized personnel
to sign a death certificate.

Section 2 provides an effective date.
              

 
JUSTIFICATION:

In recent years, funeral directors have raised concerns regarding the
medical certification of death certificates for patients under hospice
care. There have been instances where physicians employed by hospices
have been reluctant to sign these certificates, thereby avoiding the
responsibility assigned to them under the public health law, which stip-
ulates that the death certificate shall be made, dated, and signed by
the physician or nurse practitioner, if any, last in attendance on the
deceased.

This confusion surrounding certification impacts families, preventing
them from proceeding smoothly and quickly with the necessary formal-
ities. In some parts of the state, this uncertainty does not exist, and
hospice providers sign the death certificate without issue. However, in
other regions, this remains an ongoing problem that funeral directors
must address, often by seeking out other physicians who may lack the
proper authorization or who are unwilling to sign. Such confusion
further slows down the process and directly affects the families.

This bill seeks to clarify that, once a patient is under hospice care,
the hospice medical director or a physician designated by the director
has the authority to complete and sign the death certificate. It is
worth noting that in New York City, the local Department of Health has
already mandated that the hospice medical director sign the death
certificate.

This measure would help provide peace of mind to families by allowing
the medical director to sign or authorize personnel to carry out this
important process. Additionally, it would ensure consistent protection
throughout the entire state of New York.

 
PRIOR LEGISLATIVE HISTORY:

2024: $9115/A9525 Paulin

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.