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Webinar Describes Surrogate Decision-Making Committee Process

The NYS Justice Center for the Protection of People with Special Needs hosted a webinar for nursing homes on March 28th to provide an overview of the Surrogate Decision-Making Committee (the Committee) process. The Committee offers a process for making major medical and end-of-life care decisions for certain qualifying individuals. It serves as an alternative to seeking a court order for medical treatment decisions on behalf of individuals who lack capacity and have no authorized decision-maker.

In order to qualify for assistance from the Committee, the individual must be a current or former service recipient at a program licensed, funded, or operated by the Office for People with Developmental Disabilities, the Office of Mental Health, or the Office of Addiction Services and Supports. They must also lack capacity to make their own health care decisions and lack an authorized decision-maker, such as a health care agent or authorized surrogate.

The Committee may make non-emergency, major medical decisions for any qualifying individual. Under the law, a major medical decision involves:

  • the use of general anesthesia;
  • significant invasion of bodily integrity;
  • significant risk;
  • chemotherapy;
  • hospice; or
  • any other treatment for which informed consent is required by law.

Decisions to withdraw or withhold life-sustaining treatment may be made by the Committee only on behalf of individuals with an intellectual or developmental disability.

The slides from the webinar are here and a recording is here.  For more information, contact the Committee staff as indicated below:

Committee Phone                                                           1-518-549-0328
Committee Fax                                                               1-518-549-0460
Provider Questions                                                         SDMC@justicecenter.ny.gov
Volunteer Questions                                                       SDMCVolunteers@justicecenter.ny.gov
 

Contact: Karen Lipson, klipson@leadingageny.org