Family Healthcare Decisions Act Resource Center

New York's Family Health Care Decisions Act (FHCDA)[1]  establishes the authority of a patient's family member or close friend to make health care decisions for the patient in cases where the patient lacks decisional capacity and did not leave prior instructions or appoint a health care agent.  This "surrogate" decisionmaker would also be empowered to direct the withdrawal or withholding of life-sustaining treatment when standards set forth in the statute are satisfied.

The key provisions of the FHCDA became effective on June 1, 2010.

The FHCDA Information Center is a project of the NYSBA Health Law Section.  It is designed as a resource for all persons - including health care professionals, health care attorneys, advocacy groups, policymakers and members of the public - who are seeking information about the FHCDA.

[1] Chapter 8, 2010 Laws of New York, A.7729-D (Gottfried et al.) and S. 3164-B. (Duane et. al). Section 2 of Chapter 8 amends N.Y. Public Health Law to create "Article 29-CC Family Health Care Decisions Act."