FAMILY HEALTH CARE DECISIONS ACT (FHCDA) 2009
Who Makes Your Health Care Decisions?
Did you know that New York State does not allow friends or family members to make medical decisions for individuals who become incapacitated unless the incapacitated person has appointed someone their health care agent (proxy)? New York is one of only two states that do not give next-of-kin this right. Many elderly people become mentally incapacitated through a stroke, Alzheimer's disease or some other form of dementia, having never signed a proxy.
What the Health Care Decision Act means for New Yorkers
Under the Act family and friends of incapacitated persons would have the right to:
- Ask for a second medical opinion
- Look at medical records
- Monitor skin conditions for pressure sores during bathing and diaper changes
- Admit their relative into a residential care center or hospice program
- Refuse painful interventions that "prolong death" when they know their relative would not want to die that way.
This Act includes protections to make sure the friend or relative acting as surrogate makes decisions consistent with the patient's wishes and interests. It sets standards for decisions about withholding life-sustaining treatment that both provide protections against abuse and allow patients' wishes to be honored.
With the recent changes in the New York State Legislature this is the year we can get our bill passed!
Currently: an update version of the bill is being written. FRIA expects the bill to be submitted to the Legislature within the next few weeks.
UPDATE - Family Health Care Decisions Act
The Family Health Care Decisions Act passed unanimously in the State Senate before it recessed for the summer break. The State Assembly is expected tomeet within the month of September. FRIA is pushing for a vote during this session and we encourage you to continue to press your local assembly members on this issue. For future updates and more information on how youcan help get this critical legislation passed please call Karlin Mbah, FRIA Policy Advocate at 212-732-5566 or email her at kmbah@fria.org.
NOW YOU CAN HELP!
For more information on health care proxies: Call FRIA at 212-732-4455 or visit the FRIA Advanced Directives Page www.fria.org or Q and A page www.fria.org
PERSONAL NEEDS ALLOWANCE (PNA)
The Personal Needs Allowance Bill A.2126, S.3083 would increase the allowance residents of health care facilities receive from $50 to $100 per month. As the cost of living continues to rise, it is impossible for residents to meet their needs with the current $50.00 monthly allowance, which has not been increased since 1981.
FRIA urges you to visit the New York State Assembly for more information about the bill.
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
