State Senate Passes Landmark Legislation That Would Protect Family Members During Health Crises

FOR IMMEDIATE RELEASE
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Krishna Stone | 212.367.1016

New York, NY -- Today the New York State Senate passed the Family Health Care Decisions Act by a vote of 55 to 3.   The bill which already passed the Assembly on January 20 by a vote of 137 to 5, now goes before Governor Paterson. GMHC commends Assembly Member Gottfried and Senator Duane, co-sponsors of the Family Healthcare Decisions Act for all of their work, and urges Governor Paterson to swiftly sign this bill into law. Upon Governor Paterson's signature, New York State will join 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.  This legislation 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. Without a healthcare proxy or a living will, even family of origin members and legal spouses cannot review the medical records of an incapacitated loved one or admit them into a hospice program.

Most New Yorkers do not realize they lack the ability to make decisions for their family members. Over 75% of adult New Yorkers never sign a healthcare proxy or leave such evidence. As a result, some incapacitated patients are denied appropriate treatment, while others are subjected to burdensome treatments that violate their wishes, values or beliefs.  Each year around 75,000 people in New York State die while incapable of making their own healthcare decisions.

"The need for the Family Healthcare Decisions Act has been evident among GMHC's clients 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 legislature's recognition of our families in this bill. 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 clear 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 clear 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.