NY Pub Health L § 2984 (2021)
2021 New York Laws PBH - Public Health Article 29-C - Health Care Agents and Proxies 2984 - Provider's Obligations.

§  2984.  Provider's  obligations.  1.  A  health care provider who is provided with a health care proxy shall arrange for the proxy or a  copy thereof  to  be inserted in the principal's medical record if the health care proxy has not been included in such record.   2. A health care provider shall comply with health care decisions made by an agent in good faith under a health care proxy to the  same  extent as  if  such  decisions  had  been made by the principal, subject to any limitations in the health care proxy and pursuant to the  provisions  of subdivision  five  of  section two thousand nine hundred eighty-three of this article.   3. Notwithstanding subdivision two of this section,  nothing  in  this article  shall  be  construed  to require a private hospital to honor an agent's health care decision that the hospital would not  honor  if  the decision had been made by the principal because the decision is contrary to  a formally adopted policy of the hospital that is expressly based on religious beliefs or sincerely held moral  convictions  central  to  the facility's  operating  principles and the hospital would be permitted by law to refuse to honor the decision if made by the principal, provided:  (a) the hospital has informed the patient or the health care agent  of such policy prior to or upon admission, if reasonably possible; and  (b)  the  patient  is transferred promptly to another hospital that is reasonably accessible under the circumstances and is  willing  to  honor the  agent's  decision  and  pending transfer the hospital complies with subdivision five of this section. If the agent is unable or unwilling to arrange such a transfer, the hospital may intervene to facilitate such a transfer. If such a transfer is not effected, the  hospital  shall  seek judicial   relief   in   accordance  with  section  twenty-nine  hundred ninety-two of this article or honor the agent's decision.   4. Notwithstanding subdivision two of this section,  nothing  in  this article  shall  be  construed  to require an individual as a health care provider to honor an agent's health care decision  that  the  individual would  not  honor if the decision had been made by the principal because the decision is  contrary  to  the  individual's  religious  beliefs  or sincerely  held  moral  convictions, provided the individual health care provider promptly informs the health care agent and the hospital of  his or  her  refusal  to  honor  the  agent's  decision.  In such event, the hospital shall promptly  transfer  responsibility  for  the  patient  to another  individual  health  care  provider willing to honor the agent's decision.  The  individual  health  care  provider  shall  cooperate  in facilitating  such  transfer  of the patient and comply with subdivision five of this section.   5. Notwithstanding the provisions of this section or  subdivision  two of  section twenty-nine hundred eighty-nine of this article, if an agent directs the provision of life-sustaining treatment, the denial of  which in reasonable medical judgment would be likely to result in the death of the patient, a hospital or individual health care provider that does not wish to provide such treatment shall nonetheless comply with the agent's decision pending either transfer of the patient to a willing hospital or individual  health  care provider, or judicial review in accordance with section twenty-nine hundred ninety-two of this article.