The Family Health Care Decision Act

Thursday, December 8, 2005
10:30 AM
250 Broadway
Assembly Hearing Room, 19th floor
New York, New York

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.

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 as soon as possible, but no later than December 1, 2005. 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 ten 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.

In order to meet the needs of those who may have a disability, the New York State Assembly, in accordance with its policy of non-discrimination on the basis of disability, as well as the Americans with Disabilities Act (ADA), has made its facilities and services available to all individuals with disabilities. For individuals with disabilities, accommodations will be provided, upon reasonable request, to afford such individuals access and admission to Assembly facilities and activities.

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