2024 Annual Meeting: Committee on Disability Rights – Evolving Standards for Health Care Decision Making and a Proposed Statute for Medical Aid in Dying in New York

New York State Bar Association

2024 Annual Meeting

Committee on Disability Rights

Evolving Standards for Health Care Decision Making and a Proposed Statute for Medical Aid in Dying in New York

Webinar

Friday, February 9th

CLE Program: 12:00 – 2:30 p.m.

2.5 MCLE Credits

1.5 Areas of Professional Practice, 0.5 Diversity, Equity & Inclusion, 0.5 Ethics

Program Planning Chairs:

Alison Morris, Disability Rights Committee Chair

Mira B. Weiss, Weiss Law Group, PLLC

This program is transitional and is suitable for all attorneys including those newly admitted.

CLE Program Agenda

12:00 – 12:05 p.m.                  Introduction

Alison Morris

Disability Rights Committee Chair

12:05 – 12:55 p.m.                 I. Evolving Standards for Health Care Decision-Making

• The presenters will provide an overview of the history, application, and recommended modifications to the current medical decision-making law in New York focusing on how these laws apply to individuals based on their medical and/or mental condition.

A.   Legal Foundations of Health Care Decisions

Family Health Care Decisions Act (FHCDA), Surrogate's Court Procedure Act (SCPA) 1750-b, Mental Hygiene Law article 82 (Supported Decision Making)

B.   Recommendations of The NYS Task Force on Life and the Law:

L. 2010, c. 8 required the NYS Task Force on Life and the Law to consider whether the FHCDA should be amended to incorporate procedures, standards, and practices for decisions about the withdrawal or withholding of life-sustaining treatment from patients with mental illness or developmental disabilities. The Task Force formed a special advisory committee which issued a report with recommendations and proposed legislation.

Panelists:

Marianne Walker, RN, JD, CPHRM; JD

Associate General Counsel/Vice President Enterprise Risk Management Garnet Health

John Dow, JD

Trinity Health

Sheila Shea. JD

Director Mental Hygiene Legal Services

Third Department

Robert N. Swidler, J.D.

Retired former General Counsel

St. Peter's Health Partners (Albany NY) and St. Joseph's Health (Syracuse NY)

0.5 MCLE Credit in Areas of Professional Practice & 0.5 Diversity Equity & Inclusion

1:00 p.m.- 1:50 p.m.               II. Ethics in Health Care Decision Making

A.   Ethics Review Committees, Bio-ethics Consultations, and Mediation:

The presenter will discuss legally recognized options for medical decision-making, including the Ethics Review Committees, bio-ethics consultations, and mediation.

Presenter: Edward F. McCardle, Assistant Clinical Professor of Bioethics and Humanities

0.5 MCLE Credit in Ethics

B.   Medical Aid in Dying (MAID):

The presenter will provide a “State of the States” overview of MAID in the United States, an update on the work of the NYSBA MAID Task Force and proposed MAID legislation in New York.

Presenter: Mary Beth Morrissey, PhD, JD, MPH, Program Director and Associate Professor, Wurzweiler School of Social Work, Yeshiva University (Health Law Section Chair-Elect)

0.5 MCLE Credit in Areas of Professional Practice

1:50 – 2:15 p.m.                      III. The Lawyer and Health Care Decision-Making

 In re Jane Doe, 53 Misc. 3d 829, 37 N.Y.S.3d 401 (2016-08-19 )

                                               A discussion of a case of first impression presented by the court-appointed attorney/guardian for Jane Doe.

Presenter: Fern J. Finkel, Esq., Fern Finkel & Associates, PLLC (Elder Law and Special Needs Section Chair)

0.5 Credit in Areas of Professional Practice

2:15 p.m.                                 Panel Discussion & Q&A

Panelists:

Marianne Walker, RN, JD, CPHRM

Associate General Counsel/Vice President

Enterprise Risk Management Garnet Health

John Dow, JD

Trinity Health

Sheila Shea, JD

Director Mental Hygiene Legal Services

Third Department

2:30 p.m.                                Adjourn