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NY S07132
Bill
Status
7/21/2016
Primary Sponsor
Robert Ortt
Click for details
AI Summary
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Replaces outdated terminology "mentally retarded" with "intellectually disabled" throughout the Surrogate's Court Procedure Act Article 17-A governing guardianship proceedings.
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Requires certifying physicians and psychologists to make specific determinations regarding whether individuals with intellectual disabilities have capacity to make health care decisions, though such capacity does not preclude guardianship appointment for other matters.
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Establishes procedures for guardians to make health care decisions including withholding or withdrawing life-sustaining treatment, with requirements for medical confirmation, consultation, and notice to relevant parties and oversight agencies.
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Creates dispute resolution and judicial review processes when objections are raised to health care decisions, including mandatory mediation within 72 hours before proceeding to court review.
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Provides liability protections for health care providers and guardians acting reasonably and in good faith in carrying out health care decisions under the article.
Legislative Description
Relates to guardianship of people who are intellectually disabled and people who are developmentally disabled.
Last Action
SIGNED CHAP.198
7/21/2016