Following recent moves in other states, New York has introduced legislation that would clarify the legitimacy of VSED directives.
Current New York law provides that "an agent shall have the authority to make any and all health care decisions on the principal's behalf that the principal could make." (Pub. Health L. 2982) But "health care" is defined as "any treatment, service or procedure to diagnose or treat an individual's physical or mental condition." (Pub. Health L. 2980)
A bill introduced in early January 2025, S.B. 350, would amend this definition of "health care" to clarify that it includes "hydration and nutrition." That way, an agent could, consistent with a patient's prior recorded wishes, direct that caregivers stop hand/spoon feeding of the individual when certain conditions (often those associated with Stage 7 Alzheimer's) are satisfied.
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| N.Y. Senator Rivera |
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