Betancourt to be Codified? No Futility Law in New Jersey

In last year's Betancourt v. Trinitas Hospital case, leading New Jersey medical associations asked the Appellate Division for permission to unilaterally withdraw life-sustaining treatment that providers deemed medically inappropriate.  The court refused to grant that permission, suggesting that such permission should instead be sought from the Legislature. The Court wrote:  "The issues presented are profound and universal in application.  They warrant thoughtful study and debate not in the context of overheated rhetoric in the battlefield of active litigation . . . but in thoughtful consideration by the Legislature . . . ." 

It does not look like the New Jersey Legislature will be granting any Texas-type safe harbors for unilaterally refusing non-beneficial treatment.  A few days ago, A.B.4098, an all-purpose default surrogate decision maker bill, was favorably reported out of committee.  Section 2(n) of that bill provides:

if a surrogate directs the provision of life-sustaining treatment for a patient, the denial of which in reasonable medical judgment would be likely to result in the patient’s death, a health care facility or health care professional that does not wish to provide that treatment shall comply with the surrogate's decision pending: transfer of the patient to a health care facility or health care professional willing to receive the patient; or a review of the matter by a court of competent jurisdiction