In June 2011, the Family Health Care Decisions Act was expanded to cover patients receiving Hospice services. This bill also provides that when a Long Term Care Facility is conducting an Ethics Review Committee meeting relative to the election of Hospice for a resident by a surrogate under the FHCDA a representative of Hospice must be invited to attend the meeting. Please modify your procedures to reflect this change.

On Tuesday, March 16, 2010, Governor Paterson signed the Family Health Care Decisions Act. This Act applies, at present, only to patients/residents in Nursing Homes and Hospitals. The Act also applies only in those instances where a patient/resident who has lost capacity to make health care decisions has not previously appointed a Health Care Proxy. The Act creates a hierarchy of persons who will become the "default surrogate" to make decisions for the person. There is guidance as to how such decisions are to be made with differences between the power of this default surrogate and a previously appointed proxy. We recommend that persons should still appoint a Health Care Proxy. It's easy to do and the forms are right on the Department of Health web page. We also strongly recommend that all hospitals and nursing homes in New York study this bill carefully and develop appropriate policies and procedures and training to ensure compliance with this new statute: Family Health Care Decisions Act

As of March 1, 2010 the National Practitioner Data Bank has been expanded to include all health care practitioners licensed in the state to provide health care services (for example nurses). The complete text of the regulations may be obtained using the following link: National Practitioner Data Bank regulations

Dale Thuillez helps out in Haiti: ABA Journal, Times Union, Troy Record, Albany Law

Debra J. Young, Esq. was published in the 3rd Quarter Edition of Physician Insurer, a PIAA publication for the medical professional liability insurance industry. Ms. Young's article focuses on Federal Court rulings regarding peer review documents.

It is with a heavy heart that Thuillez Ford announces the passing of Colleen Whalen. While Colleen was only with Thuillez Ford as an Of Counsel attorney for a short time she was a wonderful addition to our office. She will be missed by all.

OPMC issues advisory letter regarding PA practice ownership

On January 7, 2009, the New York State Department of Health issued an advisory opinion addressing the issue of a Physician’s Assistant’s ownership of a medical practice. According to OPMC General Counsel, such ownership is prohibited as it would require the PA to employ a supervisory physician which would be contrary to the statutory scheme embodied in Articles 37 and 38 of the Public Health Law and Article 131-B of the Education Law. The opinion does not indicate whether disciplinary action will be taken against Pas who presently own their practice. Click here to view the entire letter.