New York's Patient Right to Palliative Care Information Act

New York's Patient Right to Palliative Care Information Act passed the state Assembly in March (A.B. 7617) and the state Senate in June (S.B. 4498).  This week, it was sent to the Governor.  Once the Governor signs this bill, New York will join California and a small handful of states that mandate the disclosure of end-of-life treatment options.  The bill would add a new section 2997-C to the Public Health Law.  Here is the full text:

1. Definitions. As used in this section, the following terms shall have the following meanings, unless the context clearly requires otherwise:

(a) "appropriate" means consistent with applicable legal,  health  and professional  standards; the patient's clinical and other circumstances; and the patient's reasonably known wishes and beliefs.

(b) "attending health care practitioner" means a physician or nurse practitioner who has primary responsibility for the care and treatment of the patient. Where more than  one  physician or nurse practitioner share that  responsibility,  each of them has responsibility under this section, unless they agree to assign that responsibility to one of them.

(c) "palliative care" means health care treatment, including interdisciplinary end-of-life care, and consultation with  patients  and  family members, to prevent or relieve pain and suffering and to enhance the patient's quality of life, including hospice care under article forty of this chapter.

(d) "terminal illness or condition" means an illness or condition which can reasonably be expected to cause death within six months, whether or not treatment is provided.

2. If a patient is diagnosed with a terminal illness or condition, the patient's attending health care practitioner shall offer to provide  the patient  with  information  and counseling regarding palliative care and end-of-life options appropriate to the patient, including but not limited to: the range of options appropriate to the patient; the prognosis, risks and benefits of the various options; and the patient's legal rights to comprehensive pain and symptom management at the end of life.  The information and counseling  may be provided orally or in writing.  Where the patient lacks capacity to reasonably understand and make informed choices relating to palliative care, the attending health care practitioner shall provide information and counseling under this section to a person with  authority to make health care decisions  for  the patient.  The attending health care practitioner may arrange for information and counseling under this section to be provided by another professionally qualified individual.

3.  Where the attending health care practitioner is not willing to provide the patient with information and counseling under this  section, he or she shall arrange for another physician or nurse practitioner to do so, or shall refer or transfer the patient to another physician or nurse practitioner willing to do so.