It's more than a catch - it could be the achilles heal of this legislative effort. How much do you want to bet the ACLU pro-death liberals will make this claim in their filings as soon as this law is enacted? They'll argue the other side of the coin and find a willing black-robe-wearing partner (in death).
(b) The court has found that patient to be in a persistent vegetative state;
Hence, she doesn't need to be in a PVS. The court only needs to have declared that she is - which it has.