Proponents of the “Patient Self-Determination Act” argue that it contains safeguards which protect vulnerable patients. Yet a close examination of the bill’s language reveals inadequate protections for patients most at risk of abuse, and lower medical standards than elsewhere in the Public Health Law. In addition, the legislation lacks transparency and accountability and contains extremely weak conscience protections for both health care professionals and health care institutions.
1. The bill invites coercion and undue influence.
The bill requires two witnesses to a patient’s written request for assisted suicide, and one of these two witnesses cannot be “a relative of the patient…a person who at the time the request is signed would be entitled to any portion of the estate of the patient…[or]an owner, operator or employee of a health care facility.” § 2899-d(12)
However, the bill does not prohibit the other witness from being a relative, a person entitled to a portion of the patient’s estate, or a person associated with the health care facility where the patient is receiving treatment. There is also no requirement that either witness be an adult or even someone who knows the patient.
This is problematic because patients, particularly isolated elderly patients in long-term care facilities, are vulnerable to exploitation and abuse. In theory, one witness may be a person who has a vested financial interest in the patient’s death, and the other witness may be a minor.
There is no requirement that a patient be determined to be competent and acting voluntarily at the time that they self-administer the lethal drugs. This leaves patients vulnerable to coercion and abuse once they are outside of the direct oversight of their doctor.
I am heartened by the promising news out of Albany that the Governor and the leadership of the State Senate and the State Assembly have reached an agreement that will enable the payment of $250 million in unreimbursed mandated services to Catholic and other religious and non-public schools around New York State. This money, which has been owed for several years, is sorely needed by our schools, many of whom have been struggling to remain open.
We Catholic leaders were part of a broad coalition of religious leaders, business executives, labor officials, parents, and many others, all of whom fought long and hard on behalf of the Education Investment Tax Credit, a bill that would have helped all of our children, in public, religious, charter, and private schools. We are disappointed that, once again, we have come up short, but we will redouble our efforts next year to make this common-sense bill become law. We remain ever more committed to the principle of parental choice in education.
However, on behalf of Catholics throughout New York, and especially the parents who send their children to our schools, let me express appreciation to Governor Cuomo, Senate Majority Leader Flanagan, and Assembly Speaker Heastie for recognizing the needs of our schools, and the action they have taken today.
Catholic schools for generations have been a lifeline for low-income families. Our schools have helped countless children, many of them new to our shores, reach their full potential and rise out of poverty. We are committed to maintaining a strong Catholic school system, and continue to urge lawmakers to finally do their part in helping these parents exercise their right to educational choice for their children.
As a sexual abuse crisis engulfs New York City public schools, Assembly Member Margaret Markey is again promoting a bill to make it easier for sexual abuse victims to sue almost anyone – except public schools. This bill is fatally flawed, which is why it has been consistently rejected. There are several reasons why Markey’s approach is the wrong one. More
At the invitation of Governor Andrew M. Cuomo, Timothy Cardinal Dolan, several other New York State Bishops and representatives from all eight dioceses will meet with members of the New York State Senate and Assembly today, June 1, at the Executive Mansion in Albany.
The luncheon meetings continue the push for passage of the Governor’s Parental Choice in Education Act, which is the top priority of Cardinal Dolan and the Bishops and is crucial to the future of Catholic schools and other religious and independent schools in New York State. More
Governor Cuomo and the leadership of the New York State Senate and Assembly have announced a three-way agreement on a state budget, which again does not include the Education Tax Credit, a critically needed piece of legislation for the parents and students of Catholic and other nonpublic education in the state. Following is a statement of Timothy Cardinal Dolan, archbishop of New York and president of the New York State Catholic Conference:
“Last week, I made the comment that there would be plenty of blame to go around if the Education Tax Credit didn’t get done in the state budget. And now, sadly, this has played out yet again. My brother bishops and I are sorely disappointed in all of our political leaders in Albany, who again assured us of their strong personal support, but again could not deliver for the children of our state. Yet we have no alternative but to turn to them again and implore them to please pass this legislation once and for all before the close of the legislative session.
“The Education Tax Credit encourages increased charitable giving to public schools and to foundations which provide scholarships to help children in need escape failing public schools. This is why the legislation is supported by so many in our minority communities, where the financial need is the greatest and the disparity in educational outcomes between public and Catholic schools are so great. Parents in these communities are desperate for a better future for their children, a future that our schools can provide. Why their representatives are insensitive to them is a mystery.
“We have a difficult time understanding how in the world this has proven to be such difficult legislation to pass. We have a Governor who has called it a ‘matter of justice’ and included it in his executive budget. We have a Senate that passed it overwhelmingly by a vote of 44-16 earlier this year. And we have an Assembly with a solid majority of Democrats and Republicans who have said they support it. In addition, it has the support of more than 150 community, business, education, faith and labor organizations. Yet, somehow, it ended up pulled from the budget agreement, while the public schools again get a new boost to their gargantuan budget.
“So, while we have many supporters we can and do thank, there is also plenty of blame to go around. Our elected officials must cease allowing public school teachers unions intent on creating a government school monopoly to continue dictating education policy in our state. We turn again to our leaders to do the right thing, and pass the Education Tax Credit, not for any interest group, but for the children of our state. Every year that goes by is more lost opportunity for untold numbers of children. Their futures will not wait. Who will put their needs first?”
The Catholic Conference represents New York State’s Bishops in matters of public policy.
A Statement from Timothy Cardinal Dolan and the Bishops of New York State
One year ago, with the promise of Education Tax Credits on the horizon, thousands of tuition-paying families were left out in the cold – excluded from a state budget that provides the nation’s highest level of spending per pupil in public schools. Governor Cuomo knows how genuinely disappointed we were.
This year, the Governor has included Education Tax Credits in his proposed state budget. And so we have renewed hope. But in politics, it is not enough to propose; the measure still must survive the negotiation process with the Legislature in order to be enacted, and we are strongly urging the Governor to be unwavering in demanding the tax credit be included in the final budget. More
In a news conference today, Speaker Carl Heastie announced that the New York State Assembly will vote today on legislation aimed at protecting victims of human trafficking and helping to eliminate that scourge from our state. Though the bill has passed in the Senate this year and in years past, the Assembly had previously bundled it with a 10-point “Women’s Equality Act,” which included a controversial provision to expand access to late-term abortion. Today’s action allows the trafficking measure to stand on its own.
Kathleen M. Gallagher, director of pro-life activities for the New York State Catholic Conference, made the following statement today:
“We congratulate Speaker Heastie for allowing this important vote. It will no doubt save countless girls and young women from the horror of human trafficking. Assembly Member Amy Paulin, who led the fight for this bill should also be commended. We hope and expect that the Assembly will also take up the other provisions of the Women’s Equality Agenda already passed by the state Senate, under the leadership of Senator Dean Skelos.
“Today’s vote is a victory of policy over politics. We look forward to the bill’s passage and its signing into law by Governor Cuomo.”
The Catholic Conference represents New York State’s Bishops in matters of public policy.
Following is a statement by Richard E. Barnes, executive director of the New York State Catholic Conference, on the death of Edward Cardinal Egan, archbishop emeritus of New York and president emeritus of the Catholic Conference:
“We are so saddened to learn of the death of our beloved former Conference President, Edward Cardinal Egan, archbishop emeritus of New York. Cardinal Egan was a dear and true friend and he will be terribly missed by those who knew and loved him.
“The cardinal’s contributions to the work of the New York State Catholic Conference cannot be overstated. As the founder of the Catholic Action Network, he had the vision to use the potential of the Internet to fundamentally reshape our grassroots education and advocacy. It was a model copied not only by other state Catholic Conferences throughout the country, but by advocacy organizations of all kinds.
“He was a tireless defender of the poor and vulnerable, the unborn, the sick and the elderly. He had a particular devotion to Catholic education, calling it the Church’s most important charitable ministry, and he raised untold millions to ensure its viability.
“I personally will miss his friendship, his wise counsel, his sense of humor, and the example he showed as a man of holiness. His episcopal motto, ‘In the holiness of truth,’ summed him up perfectly. Cardinal Egan was a man of truth, who recognized the holiness of that virtue.
May he rest in the peace of the Lord whom he loved and served so faithfully here on earth.”
Catholic Charities leaders from across the state at the Capitol in Albany on Monday and Tuesday, Feb. 9-10, to advocate for their 2015-16 state budget priorities. The New York State Council of Catholic Charities Directors and other leadership from various Catholic Charities agencies, representing all eight dioceses of the state, met with key legislators and members of the Cuomo Administration on behalf of the state’s poorest and most vulnerable citizens.
Advocacy focused on the impact on services related to Gov. Cuomo’s Executive Budget as it relates to:
- Behavioral Health
- Criminal Justice
- Persons with Developmental Disabilities
- Affordable Housing
- Human Services
Click the attached link to download the Council’s analysis of these issue areas, which were shared with elected officials and state agency personnel.
At some point every family must deal with issues involving end of life care for a loved one. As Catholics attempt to navigate the myriad medical, ethical, and religious questions that arise, all the while dealing with the grief of an impending death, it can become overwhelming.
In an effort to offer assistance, the New York State Catholic Conference has produced a high definition video and a brand new website (www.catholicendoflife.org) entitled Now and at the Hour of Our Death that tackles many of the common questions and concerns, offers clarity and compassion, and serves as an education resource for Catholics nationwide. More