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New York State's End-of-Life Laws

Empire State Follows Its Own Path on Patients' Right to Die

Oct 15, 2008

In New York, in the absence of a patient's competence to express wishes about treatment, only written Advance Directives allow doctors to remove life support measures.

Under current Federal and State laws, competent patients have the right to either allow or refuse life support measures such as ventilators, intravenous feeding, or aggressive medical intervention of other kinds. In most states, if a patient is unable to make this decision because of extreme illness or injury, the decision may be made instead by a close family member, friend, or guardian. A few states will allow a doctor to step in, if there is no identified surrogate for the patient.

Advance Directives Required by New York Law

New York, however, prohibits the withdrawing or withholding of medical treatment without a Health Care Proxy, Living Will, or Do Not Resuscitate Order (known collectively as Advance Directives) signed by the patient. A recent amendment to this law enables legal guardians of mentally retarded patients to sign these directives.

In lieu of having such expressed desires in hand, many doctors will continue to treat the patient regardless of the futility or long-term success of life support measures. Often, those individuals without family or friends are indigent, and the cost of keeping them on life support is borne by the State through Medicaid.

Many New York Residents Do Not Have Advance Directives on File

As many as 4 out of 5 New Yorkers [1] do not have up-to-date Advance Directives on file with their physicians. If admitted to hospital, they will be given the opportunity to sign a Health Care Proxy, but if admitted during emergency situations or in an incompetent state, it's unlikely this form will be completed. [2]

Consumer Tips from the Attorney General's Office

The Attorney General of New York offered the following information on advance directives:

In New York State, individuals have the right to execute Advance Directives such as a Health Care Proxy, a Living Will, or a Do Not Resuscitate Order;
Under New York law, hospitals and nursing homes are required to inform patients before admission about advance directives and let them know whether or not they will be able to honor their wishes to accept or refuse life-prolonging treatment If an individual is already admitted and the institution cannot honor those wishes, the institution is required to transfer that individual to a facility that will;
Forms for all types of Advance Directives are free and can be obtained from numerous sources including the Attorney General's website; and,
Individuals can revise or cancel their Health Care Proxy, Living Will or Do Not Resuscitate Order at any time. [3]

The passage of a Family Health Care Decisions Act in New York State would provide alternatives to this situation, and in fact this proposal has been sent to the state Legislature every year for 13 years - without success.

Sources:

[1, 2] The Center for Bioethics and Human Dignity

[3] Office of the New York Attorney General

The copyright of the article New York State's End-of-Life Laws in Seniors' Health/Medicare is owned by Barbara Bell. Permission to republish New York State's End-of-Life Laws in print or online must be granted by the author in writing.