What is the Family Health Care Decisions Act (FHCDA)?
The FHCDA is a New York State law that makes it easier for loved ones to make health care decisions for people who can’t speak for themselves. In the absence of a health care proxy, a surrogate (chosen from a prioritized list) may make health care decisions for a decisionally incapacitated patient. The law takes effect June 1, 2010. What kinds of patients does it cover? Any patient unable to decide for himself or herself, unless the person is mentally retarded or developmentally disabled (there is a separate law for this group of people, passed in 2003). The FHCDA includes people of any age, including children. What kind of decisions may the surrogate make? Any health care decision that the patient could make for him or herself, were the patient able to decide (competent). Are feeding tubes treated differently? In general, no; they are defined as medical treatment, with the same (but no additional) protections or restrictions in the law. If there is a health care proxy, does this law a
Related Questions
- Is testing of the source patient under the Family Health Care Decisions Act (FHCDA) anonymous, as it is in the HIV Testing Law? If not, which law takes precedence?
- If the patient has capacity, does the Health Care Agent or family have the right to make health care decisions?
- Can family members make health care decisions for someone who does not have an advance directive?
