New York State Legislature Passes Family Health Care Decision Act

Tue Feb 24, 2009

On February 24, 2010, the New York State Senate passed the Family Health Care Decisions Act empowering family members and others close to the patient to make health care decisions, including decisions about withholding or withdrawal of life-sustaining treatment, on behalf of patients who lose their ability to make such decisions and have not prepared advance directives regarding their wishes. The bill passed the Assembly earlier this year and Governor Patterson has announced that he intends to sign it.

First introduced in the Legislature in 1993, the bill was based on recommendations made by the New York State Task Force on Life and the Law.  Without a statute such as this, the common law of New York State provides that life-sustaining treatment cannot be withdrawn or withheld from an individual who has lost the capacity to make such decisions, unless clear and convincing evidence can be produced to show that the individual would have declined treatment if competent. Unit the Legislature’s action, New York remained one of two states in the nation lacking legislation or case law to permit close family members to make health care decisions for incapacitated patients. 

For the past 17 years, the Hospice and Palliative Care Association of New York has joined with other supportive organizations in the Family Decisions Act Coalition to mobilize the Legislature to pass this law.  Even with its passage, New Yorkers are still encouraged to prepare a health care proxy, which allows an agent to make health care decisions on behalf of an individual if he or she later loses capacity.

According to Rich Trocino, President and CEO of Hospice, Inc. in Dutchess and Ulster counties, “We at Hospice, Inc. are very pleased that the New York Senate has followed the recommendations of its Task Force on Life and Law in passage of this important measure. This law provides the family with the authority to best dictate care for their loved one in the absence of any advance directive, similar to the laws in the majority of other states.”

Hospice, Inc. serves more than 1000 patients per year by providing end-of-life programs in pain management and grief and bereavement counseling.  Programs are provided in the home, in the hospital and at 11 contracted nursing homes throughout Dutchess and Ulster counties. Its administrative offices are located in Poughkeepsie.

For additional information, contact Hospice, Inc. at 845.473.2273.