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In New York State, family members have no legal authority to consent or object to medical treatment for a patient who lacks decision-making capacity. Although hospitals and other providers customarily turn to close family members for agreement, only courts, court-appointed guardians and health care agents (i.e. persons appointed by a health care proxy) have real legal authority.
The Family Health Care Decision Act, A.5406-A,would authorize a "surrogate" to make decisions for a patient who has lost decision-making capacity, and has not appointed a health care agent. http://assembly.state.ny.us/leg/?bn=a.5406
A public hearing on the proposal will be held Thursday, Dec. 8 at 10:30 a.m. by the NYS Assembly Health Care Committee in the Assembly Hearing Room, 19th Floor, 250 Broadway in New York City http://assembly.state.ny.us/comm/Health/20051115/
Witnesses are invited to testify both on the need for A.5406-A and comment on and make recommendations on the bill.
Persons wishing to attend or present testimony at this hearing should complete and return the reply form (see above) as soon as possible, but no later than Dec.1. It is important that the form be fully completed and returned so that persons may be notified in the event of emergency postponement or cancellation of the hearing.
Oral testimony will be limited to 10 minutes in length. All testimony is under oath. In preparing the order of witnesses, the committee will attempt to accommodate individual requests to speak at particular times in view of special circumstances. This request should be made on the attached reply form or communicated to Committee staff as soon as possible. Ten copies of any prepared statement should be submitted at the hearing registration table.
Questions about this hearing may be directed to Shay Bergin of the Health Committee staff at 518-455-4941 or at bergins@assembly.state.ny.us. 11-17-05
© 2005 North
Country Gazette
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