FAMILY HEALTH CARE DECISIONS ACT (FHCDA) 2010

Who Makes Your Health Care Decisions?

In a historic moment for FRIA and long term care advocates across New York State, the Family Health Care Decisions Act was signed into law Wednesday, March 17, 2010.

The Family Health Care Decisions Act 2010 (A.7729d/S.3164-b) gives New Yorkers important next-of-kin rights in nursing homes and hospitals. This means New Yorkers will now have the right to make medical decisions for their loved ones when their loved ones cannot speak for themselves.  

Some questions caregivers have posed about the new law include:

• Can I refuse medication for my father who has Alzheimer's disease?
• My spouse had a stroke and can no longer talk to her doctor. Can I see her medical records and ask for a second opinion?
• Do I still need to fill out a health care proxy?

FOR MORE INFORMATION!

For more information on health care proxies visit the FRIA Advanced Directives Page www.fria.org or Q and A page www.fria.org

INAPPROPRIATE USE OF ANTI-PSYCHOTIC MEDICATIONS IN NURSING HOMES 

FRIA is concerned with the increasing use of anti-psychotic medications in nursing homes. Some of the most common drugs in this category are Risperdal, Haldol, Zyprexa and Seroquel. Existing regulations specify that these medications are appropriate for specific conditions, such as schizophrenia or bipolar disorder. However, they are often prescribed inappropriately for residents with Alzheimer's or dementia to control behaviors associated with those conditions even though they are not effective for this purpose.   When used inappropriately, they are improper chemical restraints.   Anti-psychotics can have dangerous side effects so it is crucial that they not be used improperly to restrain residents with "problem behaviors."

SAFE STAFFING DIVERSION ACT

The Diversion Act A.5347 is a first step toward required staffing standards in New York nursing homes. Widespread, chronic understaffing in nursing homes leads to poor care, neglect of residents and dangerous working conditions for direct care staff.  The Diversion Act would prohibit new admissions in any nursing home with staffing levels resulting in less than three hours direct care on average per resident per day.

FRIA urges you to visit www.ltccc.org (The Long Term Care Community Coalition)  which offers a fast and easy way to send support via the internet.  

 To look up the status of pending legislation visit the New York State Assembly