New York State Assembly

 
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A00916 Summary:

A00916 Actions:

A00916 Committee Votes:

Committee:RULES   Chair:Glick      
DATE:01/14/2025AYE/NAY:29/0  Action: Favorable         
Heastie
Excused
Barclay
Aye
Pretlow
Aye
Hawley
Aye
Cook
Aye
Blankenbush
Aye
Glick
Aye
Ra
Aye
Dinowitz
Aye
Brabenec
Aye
Colton
Aye
Palmesano
Aye
Magnarelli
Aye
Reilly
Aye
Paulin
Aye
Smith
Aye
Peoples-Stokes
Aye
Jensen
Aye
Benedetto
Aye
Lavine
Aye
Lupardo
Aye
Braunstein
Aye
Davila
Excused
Hyndman
Aye
Rozic
Aye
Bronson
Aye
Hevesi
Aye
Hunter
Aye
Taylor
Aye
Cruz
Aye
Vanel
Aye

Committee:HEALTH   Chair:Paulin      
DATE:01/14/2025AYE/NAY:25/0  Action: Favorable refer to committee Rules        
Paulin
Aye
Jensen
Aye
Dinowitz
Aye
Gandolfo
Aye
Rosenthal
Aye
Blumencranz
Aye
Hevesi
Aye
Gray
Excused
Steck
Aye
Maher
Aye
Braunstein
Aye
Slater
Aye
Solages
Aye
Chludzinski
Aye
Bichotte Hermel
Aye
Norber
Aye
Sayegh
Aye
McDonald
Aye
Reyes
Aye
Gonzalez-Rojas
Aye
Rajkumar
Aye
Forrest
Aye
Kelles
Aye
Lucas
Aye
Meeks
Aye
Lunsford
Aye

A00916 Floor Votes:

A00916 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
 submitted in accordance with Assembly Rule III, Sec 1(f)



 
BILL NUMBER: A916
 
SPONSOR: Paulin

 
TITLE OF BILL:
 
An act to amend the public health law, in relation to health care agents
and proxies, decisions under the family health care decisions act, and
nonhospital orders not to resuscitate; and to repeal certain provisions
of the public health law relating thereto
 
 
PURPOSE:
 
To make technical changes to the Family Health Care Decisions Act and
other sections of the Public Health Law related to decisions by health-
care agents and proxies.
 
 
SUMMARY OF PROVISIONS:

This bill amends Chapter 619 of the Laws of 2024 by making technical
changes such as removing outdated terminology and requiring hospitals to
document notification to parents of an emancipated minor prior to with-
holding or withdrawing life-saving care, when contact information can be
reasonably obtained.
 
 
JUSTIFICATION:
 
This bill helps health care agents and proxies with decision making
process of do not resuscitate orders by amending the Family Health Care
Decisions Act. Alongside technical changes, this bill would remove a
specific instance of the definition of "mental hygiene facility" which
is an outdated term no longer used in this section of law. Changes to
notification requirements were necessary to ensure that hospitals when
can still withdrawal life-sustaining treatment when notification of a
parent is unfeasible.
 
 
LEGISLATIVE HISTORY:
 
This is a new bill.
 
 
BUDGET IMPLICATIONS:
 
None noted.
 
 
EFFECTIVE DATE:
This act shall take effect on the same date and in the same manner as a
chapter of the laws of 2024 amending the public health law relating to
making technical, minor and coordinating amendments regarding health
care agents and proxies, decisions under the family health care deci-
sions act, and nonhospital orders not to resuscitate, as proposed in
legislative bills numbers S. 3283-A and A. 7184-A, takes effect.

A00916 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           916
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                       (Prefiled)
 
                                     January 8, 2025
                                       ___________
 
        Introduced by M. of A. PAULIN -- read once and referred to the Committee
          on Health
 
        AN ACT to amend the public health law, in relation to health care agents
          and proxies, decisions under the family health care decisions act, and
          nonhospital   orders   not  to  resuscitate;  and  to  repeal  certain
          provisions of the public health law relating thereto
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section 1.  The opening paragraph of section 2992 of the public health
     2  law,  as  amended  by  a chapter of the laws of 2024 amending the public
     3  health law relating to making technical, minor and  coordinating  amend-
     4  ments  regarding  health  care  agents  and proxies, decisions under the
     5  family health care decisions act, and nonhospital orders not to resusci-
     6  tate, as proposed in legislative bills numbers S. 3283-A and A.  7184-A,
     7  is amended to read as follows:
     8    The  health  care  provider or guardian of the principal under article
     9  eighty-one of the mental hygiene  law  or  article  seventeen-A  of  the
    10  surrogate's  court  procedure  act, members of the principal's family, a
    11  close friend of the principal as defined in subdivision four of  section
    12  twenty-nine  hundred ninety-four-a of this chapter, or the commissioner,
    13  the commissioner of mental health, or the commissioner of  developmental
    14  disabilities  may commence a special proceeding pursuant to article four
    15  of the civil practice law and rules, in a court of  competent  jurisdic-
    16  tion, with respect to any dispute arising under this article, including,
    17  but not limited to, a proceeding to:
    18    §  2.  Paragraph  (b) of subdivision 3 of section 2994-e of the public
    19  health law, as amended by a chapter of the laws  of  2024  amending  the
    20  public  health  law relating to making technical, minor and coordinating
    21  amendments regarding health care agents and proxies, decisions under the
    22  family health care decisions act, and nonhospital orders not to resusci-
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02697-01-5
        A. 916                              2
 
     1  tate, as proposed in legislative bills numbers S. 3283-A and A.  7184-A,
     2  is amended to read as follows:
     3    (b) If the hospital can with reasonable efforts ascertain the identity
     4  of  the  parents  or guardian of an emancipated minor patient and obtain
     5  such parents' or guardian's  contact  information,  the  hospital  shall
     6  [make diligent efforts to] notify such persons, and [documents] document
     7  such  [diligent  efforts]  notification in the patient's medical record,
     8  prior to withholding or withdrawing life-sustaining  treatment  pursuant
     9  to this subdivision.
    10    §  3.  Subdivision  12  of section 2994-aa of the public health law is
    11  REPEALED.
    12    § 4. Subdivisions 2 and 6 of section 2994-dd of the public health law,
    13  as amended by a chapter of the laws of 2024 amending the  public  health
    14  law  relating  to  making  technical,  minor and coordinating amendments
    15  regarding health care agents and proxies,  decisions  under  the  family
    16  health care decisions act, and nonhospital orders not to resuscitate, as
    17  proposed  in  legislative  bills  numbers  S.  3283-A and A. 7184-A, are
    18  amended to read as follows:
    19    2. A nonhospital order not to resuscitate shall be issued upon a stan-
    20  dard form prescribed by the commissioner.  A standard bracelet or  other
    21  article  [that] may be worn by a patient with a nonhospital order not to
    22  resuscitate to identify that status; provided, however, that  no  person
    23  may  require  a patient to wear such [a bracelet] an article and that no
    24  person may require a patient to wear such [a bracelet] an article  as  a
    25  condition  for  honoring  a  nonhospital order not to resuscitate or for
    26  providing health care services.
    27    6. The commissioner may authorize the use of one or  more  alternative
    28  forms  for  issuing  a nonhospital order not to resuscitate (in place of
    29  the standard form prescribed by the commissioner under  subdivision  two
    30  of  this  section).  Such  alternative form or forms may also be used to
    31  issue a non-hospital do not intubate order. Any such  alternative  forms
    32  intended  for use for persons with developmental disabilities or persons
    33  with mental illness who are incapable of making their  own  health  care
    34  decisions  or  who  have  a guardian of the person appointed pursuant to
    35  article eighty-one of the mental hygiene law or article  seventeen-A  of
    36  the surrogate's court procedure act must also be approved by the commis-
    37  sioner  of  developmental  disabilities  or  the  commissioner of mental
    38  health, as appropriate. An alternative form under this subdivision shall
    39  otherwise conform with applicable federal and state law.  This  subdivi-
    40  sion  does  not limit, restrict or impair the use of an alternative form
    41  for issuing an order not to resuscitate in a general hospital  or  resi-
    42  dential  health care facility under article twenty-eight of this chapter
    43  or a hospital under subdivision  ten  of  section  1.03  of  the  mental
    44  hygiene  law  [or  a  developmental  disabilities  services office under
    45  section 13.17 of the mental hygiene law]  or  a  facility  certified  or
    46  operated by the office for people with developmental disabilities.
    47    §  5.  This  act  shall  take  effect on the same date and in the same
    48  manner as a chapter of the laws of 2024 amending the public  health  law
    49  relating  to making technical, minor and coordinating amendments regard-
    50  ing health care agents and proxies, decisions under  the  family  health
    51  care  decisions  act,  and  nonhospital  orders  not  to resuscitate, as
    52  proposed in legislative bills numbers S. 3283-A  and  A.  7184-A,  takes
    53  effect.

A00916 LFIN:

 
NO LFIN

A00916 Chamber Video/Transcript: