GMHC Commends Governor Paterson For Signing Into Law Landmark Protections For Families Struggling With HIV/AIDS

FOR IMMEDIATE RELEASE
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Krishna Stone | 212.367.1016

New York, NY — Today Governor Paterson signed the Family Health Care Decisions Act in the presence of advocates, including a representative for GMHC, and their legislative champions.  This bill passed the New York State Senate on February 24, 2010 by a vote of 55 to 3, and the Assembly on January 20 by a vote of 137 to 5. GMHC commends Governor Paterson for swiftly signing this bill into law, and recognizes Assembly Member Gottfried and Senator Duane, co-sponsors of the Family Healthcare Decisions Act, for all of their work.

New York State now joins 48 other states in having laws or procedures governing healthcare and end-of-life decisions for individuals who lack decision-making capacity because of illness or injury.  New York State stands at the forefront among these states, joining 6 other states which include same-sex couples in their protections. The New York State law will have a positive impact on the ability of all families, including same-sex families, to care for loved ones. Under current New York

State law, no one-not even a concerned family member-has the right to make decisions about medical treatment for patients who lack capacity, unless the patient has signed a healthcare proxy or left clear and convincing evidence of his or her treatment wishes.

"GMHC's clients have needed the Family Healthcare Decisions Act since the start of the epidemic," said Marjorie Hill, Ph.D., Chief Executive Officer of GMHC.  "Many of those we serve have estranged biological family members or live in unions not recognized or protected by current state law.  Thus, we applaud the governor and state legislature's recognition of our families in this law. The ability to make decisions for an incapacitated loved one by either a close friend or domestic partner is vitally important to the health, values, and wishes of many people living with HIV/AIDS," added Hill.

The Family Healthcare Decisions Act provides legal guidance for selecting a surrogate, enabling family members, partners, and loved ones to make healthcare-treatment decisions in line with the patient's wishes, once the patient is incapacitated. It also includes procedures for decision making which protect the patient, adhere to medical ethics, and empowers those close to the patient to carry out their wishes. This will provide added safety for incapacitated patients who have not signed a healthcare proxy or left specific oral or written treatment instruction.

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GMHC is the world’s first and leading provider of HIV/AIDS prevention, care and advocacy. Building on decades of dedication and expertise, we understand the reality of HIV/AIDS and empower a healthy life for all.