New York S 1965: Relates to the mandatory health insurance coverage of cleft lip and cleft palate

Bill Text

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S01965 Summary:

BILL NOS01965 

&nbsp

SAME ASSAME AS A04774

&nbsp

SPONSORRIVERA

&nbsp

COSPNSR

&nbsp

MLTSPNSR

&nbsp

Amd §§2994-d & 2994-g, Pub Health L; amd §1750-b, SCPA

&nbsp

Restores medical futility as a basis for DNR.

Go to top S01965 Actions:

BILL NOS01965 

&nbsp

01/14/2025REFERRED TO HEALTH

01/07/2026REFERRED TO HEALTH

05/19/20261ST REPORT CAL.1231

05/20/20262ND REPORT CAL.

05/21/2026ADVANCED TO THIRD READING 

06/04/2026PASSED SENATE

06/04/2026DELIVERED TO ASSEMBLY

06/04/2026referred to health

Go to topS01965 Committee&nbspVotes:

Go to topS01965 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS01965 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 1965

 2025-2026 Regular Sessions

 IN SENATE

 January 14, 2025
 ___________

 Introduced by Sen. RIVERA -- read twice and ordered printed, and when
 printed to be committed to the Committee on Health

 AN ACT to amend the public health law and the surrogate's court proce-
 dure act, in relation to restoring medical futility as a basis for
 both surrogate consent to a do not resuscitate order and for a do not
 resuscitate order for a patient without a surrogate

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Legislative findings. Under New York's former do not resus-
 2 citate (hereinafter "DNR") law, article 29-B of the public health law, a
 3 surrogate could consent to a DNR order if the patient met any one of
 4 four clinical criteria, one of which was a finding by two physicians
 5 that resuscitation was "medically futile," which was defined to mean
 6 that resuscitation "will be unsuccessful in restoring cardiac and
 7 respiratory function or that the patient will experience repeated arrest
 8 in a short time period before death occurs." The former DNR law also
 9 allowed a DNR order to be entered for a patient who did not have a
 10 surrogate on that basis. That law applied to all patients, including
 11 developmentally disabled patients.
 12 In 2010, the former DNR law was superseded by the Family Health Care
 13 Decisions Act (hereinafter "FHCDA") which established standards for the
 14 withdrawal or withholding of a broad range of life-sustaining treat-
 15 ments. Accordingly, the FHCDA did not have a standard specifically
 16 relating to medically futile resuscitation. Similarly, Surrogate's Court
 17 Procedure Act (hereinafter "SCPA") §1750-b does not have a standard
 18 specifically relating to medically futile resuscitation for develop-
 19 mentally disabled patients.
 20 The legislature finds that the broader FHCDA and SCPA §1750-b stand-
 21 ards are difficult to apply to situations in which resuscitation would
 22 be medically futile. Accordingly, this bill restores the former DNR

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD03416-02-5

 S. 1965 2

 1 law's medical futility standard as an alternative basis for writing a
 2 DNR order under the FHCDA and under SCPA §1750-b.
 3 § 2. Subparagraphs (i) and (ii) of paragraph (a) of subdivision 5 of
 4 section 2994-d of the public health law, as amended by chapter 708 of
 5 the laws of 2019, are amended and a new subparagraph (iii) is added to
 6 read as follows:
 7 (i) Treatment would be an extraordinary burden to the patient and an
 8 attending practitioner determines, with the independent concurrence of
 9 another physician, nurse practitioner or physician assistant, that, to a
 10 reasonable degree of medical certainty and in accord with accepted
 11 medical standards, (A) the patient has an illness or injury which can be
 12 expected to cause death within six months, whether or not treatment is
 13 provided; or (B) the patient is permanently unconscious; [or]
 14 (ii) The provision of treatment would involve such pain, suffering or
 15 other burden that it would reasonably be deemed inhumane or extraor-
 16 dinarily burdensome under the circumstances and the patient has an irre-
 17 versible or incurable condition, as determined by an attending practi-
 18 tioner with the independent concurrence of another physician, nurse
 19 practitioner or physician assistant to a reasonable degree of