Advocacy

Family Health Care Decisions Act

Family Health Care Decisions Act 2009 bill text (S.03164 or A.07729).

New York State is one of the only states that prohibits family members from making health care decisions for incapacitated loved ones.  Under current New York law, no one - not even a concerned family member - has the right to make decisions about medical treatment for patients who lack capacity, unless the patient has signed a health care proxy or left "clear and convincing evidence" of his or her treatment wishes.  Unfortunately, many people never complete a health care proxy or leave clear and convincing evidence of their health care treatment wishes.  As a result, some incapacitated patients are denied appropriate treatment, while others are subjected to burdensome, highly invasive treatment that violates their wishes and prolongs their suffering.

The Family Health Care Decisions Act (FHCDA) would allow family members and others who are closest to the patient to act as surrogates and makeA.077 decisions regarding medical treatment for a loved one in certain limited situations.  The legislation includes numerous safeguards to ensure sound medical treatment and that decisions are made consistent with the patient's wishes and best interests.  Over 100 organizations support the passage of the Family Health Care Decisions Act, as listed on the NHDD New York State Coalition Collaborators page.

Take action today!

Let your voice be heard about the importance of enacting FHCDA in 2009!  Send a letter supporting Family Health Care Decisions Act to your New York State legislators by using the MSSNY Grassroots Action Center!

Stories and Testimony

Discover why passage of FHCDA matters to all New York State citizens.

Read stories of fellow New Yorkers.

• Mary O'Connor's Story: Defining "Clear and Convincing Evidence"
• The Doctor with No Health Care Proxy: No One is Immune to New York State Law 
• Mary's Story: No Health Care Proxy... Vulnerable Patients Denied Access to Hospice
• Mr. B's Story: No Health Care Proxy... Unwanted Futile Treatments May Result
• Stories from the Family Decisions Coalition
• Stories about Health Care Decisions

Read legislative testimony.

• Dr. Patricia Bomba, 2/13/2009
• Dr. Jack Freer, 2/20/2009
  

Read op-ed and news stories.

• "Assembly must pass Family Health Care Decisions Act." by Patricia Bomba, M.D., F.A.C.P.
• "Health care proxy bill may finally be enacted." by Henry L. Davis, published by The Buffalo News, Buffalo, NY
• "Assembly must pass the Family Health Care Decisions Act." by David C. Leven, published by the LoHud,      New York's Lower Hudson Valley
• "A chance for families to make medical decisions." by Robert N. Swidler, published by the Times Union,         Albany, NY

Do your Health Care Proxy today!

Be an advocate for yourself and your family.  Follow Five Easy Steps.


Special thanks to the Fellows from the Community Health Foundation of Western and Central New York who have assisted in developing this page and identifying the stories of real individuals who would have benefitted from Family Health Care Decisions Act.  The Fellows continue to advocate for this critical piece of legislation.

Thank you to the Medical Society of the State of New York for supporting Family Health Care Decisions Act and hosting the letter supporting FHCDA in their Grassroots Action Center.

Thanks also to the National Healthcare Decisions Day New York State Coalition, Family Health Care Decisions Act Subgroup for assisting in the design and revisions of this page as well as for supporting Family Health Care Decisions Act.