On May 1, 2025, the New York State Department of Health (NYSDOH) issued a DAL notifying providers that the MOLST form was updated. On June 2, 2025, a second DAL regarding this topic was issued, “Further Revisions to Medical Orders for Life Sustaining Treatment (MOLST).”
We didn’t post the initial DAL on the CMSCG Blog since we heard changes might be coming, so if you want to view the May 1 DAL, click here to view it on the DOH website.
The June 2, 2025 notice (Refs: DHDTC DAL 25-06 / DACF 25-18 / DHCBS 25-08 / DNH 25-11 / DEMS 25-04) updates some of the information from the May 2025 AL. The revisions include:
Section C – Further revisions to Section C were made to clarify the multitude of options from the May version.
Section I – Five changes were made, including some additional statements and clarification regarding health care agents/ surrogates. Specifically, the MOLST now states that:
- Even if a MOLST is not reviewed and renewed within 90 days, the last completed MOLST remains valid and must be followed.
- The term “decision-makers named in Section D” is used instead of the word “surrogate”
- That the attending practitioner is directed to void the form is the patient or other decision-maker named in Section D (no longer “surrogate,” per the above change) withdraws their consent to a decision in the MOLST or if the patient objects to the decision.
- A health care agent or surrogate cannot change the decision to withhold or withdraw treatment that the patient had already made when he/she had capacity.
- If a health care agent or surrogate consented to this MOLST, they may continue to make decisions to withhold or withdraw treatment based on the patient’s current health status.
More information is available in the DAL, which can be found here. Existing MOLST forms remain active. Order forms via the instructions provided in the DAL or download DOH-5003 (6/2025) here.
