reglab/housing_qa huggingface dataset:
NY Pub Health L § 2982 (2021)
2021 New York Laws PBH - Public Health Article 29-C - Health Care Agents and Proxies 2982 - Rights and Duties of Agent.

§  2982. Rights and duties of agent. 1. Scope of authority. Subject to   any express limitations in the health care proxy, an  agent  shall  have   the  authority  to  make  any  and  all  health  care  decisions  on the   principal's behalf that the principal could make. Such  authority  shall   be  subject to the provisions of section twenty-nine hundred eighty-nine   of this article.2.  Decision-making  standard.  After  consultation  with  a  licensed   physician,  registered  nurse,  licensed  psychologist,  licensed master   social worker, or a licensed clinical social  worker,  the  agent  shall   make  health  care  decisions:  (a)  in  accordance with the principal's   wishes, including the principal's religious and moral beliefs; or (b) if   the  principal's  wishes  are  not  reasonably  known  and  cannot  with   reasonable  diligence be ascertained, in accordance with the principal's   best interests;  provided,  however,  that  if  the  principal's  wishes   regarding  the  administration of artificial nutrition and hydration are   not  reasonably  known  and  cannot   with   reasonable   diligence   be   ascertained,  the  agent  shall not have the authority to make decisions   regarding these measures.3. Right to  receive  information.  Notwithstanding  any  law  to  the   contrary,  the agent shall have the right to receive medical information   and medical and clinical records necessary to  make  informed  decisions   regarding the principal's health care.4.  Priority  over other surrogates. Health care decisions by an agent   on a principal's behalf pursuant to this  article  shall  have  priority   over  decisions by any other person, except as otherwise provided in the   health care proxy or in subdivision five of section  two  thousand  nine   hundred eighty-three of this article.
NY Pub Health L § 2985 (2021)
2021 New York Laws PBH - Public Health Article 29-C - Health Care Agents and Proxies 2985 - Revocation.

§  2985. Revocation. 1. Means of revoking proxy. (a) A competent adult may revoke a health care proxy by notifying the agent or a  health  care provider  orally or in writing or by any other act evidencing a specific intent to revoke the proxy.  (b) For the purposes of this section, every adult  shall  be  presumed competent unless determined otherwise pursuant to court order.  (c)  A  health  care proxy shall also be revoked upon execution by the principal of a subsequent health care proxy.  (d) The creation by the principal of written  wishes  or  instructions about  health care, or limitations upon the agent's authority, shall not revoke  a  health  care  proxy  unless  such  wishes,  instructions   or limitations  expressly  provide  otherwise. Such wishes, instructions or limitations shall constitute evidence  of  the  principal's  wishes  for purposes  of  subdivision  two  of  section  two  thousand  nine hundred eighty-two of this article.  (e) The appointment of the principal's spouse  as  health  care  agent shall  be  revoked upon the divorce or legal separation of the principal and spouse, unless the principal specifies otherwise.   2. Duty to record revocation. (a) A physician, physician assistant, or nurse practitioner who is informed of or provided with a revocation of a health care proxy shall immediately (i) record  the  revocation  in  the principal's  medical  record  and  (ii) notify the agent and the medical staff responsible for the principal's care of the revocation.  (b) Any member of the staff of a health care provider informed  of  or provided  with  a  revocation  of  a  health care proxy pursuant to this section shall immediately notify a physician,  physician  assistant,  or nurse practitioner of such revocation.
NY Pub Health L § 2986 (2021)
2021 New York Laws PBH - Public Health Article 29-C - Health Care Agents and Proxies 2986 - Immunity.

§  2986.  Immunity.  1.  Provider immunity. No health care provider or   employee thereof shall be subjected to criminal or civil  liability,  or   be  deemed  to  have  engaged in unprofessional conduct, for honoring in   good faith a health care decision by an  agent,  or  for  other  actions   taken in good faith pursuant to this article.2. Agent immunity. No person acting as agent pursuant to a health care   proxy  shall  be  subjected  to criminal or civil liability for making a   health care decision in good faith pursuant to this article.
NY Pub Health L § 2987 (2021)
2021 New York Laws PBH - Public Health Article 29-C - Health Care Agents and Proxies 2987 - Liability for Health Care Costs.

§  2987.  Liability  for  health care costs. Liability for the cost of   health care provided pursuant to an agent's decision shall be  the  same   as  if  the  health  care  were  provided  pursuant  to  the principal's   decision.
NY Pub Health L § 2988 (2021)
2021 New York Laws PBH - Public Health Article 29-C - Health Care Agents and Proxies 2988 - Requiring or Prohibiting Execution of Proxy.

§  2988.  Requiring  or  prohibiting execution of proxy. No person may   require or  prohibit  the  execution  of  a  health  care  proxy  by  an   individual  as  a  condition  for  providing  health  care  services  or   insurance to such individual.
NY Pub Health L § 2989 (2021)
2021 New York Laws PBH - Public Health Article 29-C - Health Care Agents and Proxies 2989 - Effect on Other Rights.

§  2989.  Effect  on  other  rights. 1. A competent adult's failure to   appoint a health care agent or to provide the agent with specific health   care instructions pursuant to this article shall create no  presumptions   regarding the adult's wishes about health care.2.  Nothing  in  this article creates, expands, diminishes, impairs or   supersedes any authority that a principal may have under law to make  or   express   decisions,  wishes  or  instructions  regarding  health  care,   including decisions about life  sustaining  treatment,  whether  or  not   expressed in a health care proxy.3. This article is not intended to permit or promote suicide, assisted   suicide,  or  euthanasia; accordingly, nothing herein shall be construed   to permit an agent to consent to  any  act  or  omission  to  which  the   principal could not consent under law.
NY Pub Health L § 2990 (2021)
2021 New York Laws PBH - Public Health Article 29-C - Health Care Agents and Proxies 2990 - Proxies Executed in Other States.

§  2990.  Proxies  executed  in  other  states. A health care proxy or   similar  instrument  executed  in  another  state  or  jurisdiction   in   compliance  with  the  law  of  that  state  or  jurisdiction  shall  be   considered validly executed for purposes of this article.
NY Pub Health L § 2991 (2021)
2021 New York Laws PBH - Public Health Article 29-C - Health Care Agents and Proxies 2991 - Creation and Use of Proxies in Residential Health Care and Mental Hygiene Facilities.

§  2991.  Creation  and  use of proxies in residential health care and mental hygiene facilities. 1. Residential  health  care  facilities  and mental hygiene facilities shall establish procedures:  (a)  to  provide  information  to adult residents about their right to create a health care proxy under this article;  (b) to educate adult residents about the authority delegated  under  a health  care proxy, what a proxy may include or omit, and how a proxy is created and revoked;  (c) to help ensure that  each  resident  who  creates  a  proxy  while residing at the facility does so voluntarily.   2. Such procedures shall be established in accordance with regulations issued by the commissioners of health, mental health, and the office for people  with  developmental disabilities for facilities subject to their respective regulatory authorities.
NY Pub Health L § 2992 (2021)
2021 New York Laws PBH - Public Health Article 29-C - Health Care Agents and Proxies 2992 - Special Proceeding Authorized.

§  2992.  Special proceeding authorized. The health care provider, the   conservator  for,  or  committee  of  the  principal,  members  of   the   principal's  family,  a  close  friend  of  the  principal as defined in   subdivision five of section two thousand nine hundred sixty-one of  this   chapter,  or the commissioner of health, mental health, or developmental   disabilities may commence a special proceeding pursuant to article  four   of   the  civil  practice  law  and  rules,  in  a  court  of  competent   jurisdiction, with respect to any dispute arising  under  this  article,   including, but not limited to, a proceeding to:1. determine the validity of the health care proxy;2.  have  the  agent  removed  on the ground that the agent (a) is not   reasonably available, willing  and  competent  to  fulfill  his  or  her   obligations  under  this  article; (b) is acting in bad faith; or (c) is   the subject of an order of protection protecting the  principal  or  has   been  arrested  or  charged for a criminal act that allegedly caused the   principal's lack of capacity or substantially injured  or  impaired  the   health  status  of  the principal, provided that the application of this   provision in a particular case may be waived or modified in the interest   of justice; or3. override the agent's decision about health care  treatment  on  the   grounds that: (a) the decision was made in bad faith or (b) the decision   is  not in accordance with the standards set forth in subdivision one or   two of section two thousand nine hundred eighty-two of this article.
NY Pub Health L § 2993 (2021)
2021 New York Laws PBH - Public Health Article 29-C - Health Care Agents and Proxies 2993 - Regulations.

§  2993. Regulations. The commissioner of health, in consultation with   the commissioners of the office of mental  health  and  the  office  for   people with developmental disabilities, shall establish such regulations   as  may  be necessary for the implementation of this article, subject to   the provisions of subdivision two of section two thousand  nine  hundred   ninety-one of this article.
NY Pub Health L § 2994 (2021)
2021 New York Laws PBH - Public Health Article 29-C - Health Care Agents and Proxies 2994 - Rights to Be Publicized.

§  2994.  Rights  to  be  publicized. The commissioner of health shall   prepare a statement summarizing the rights, duties and  requirements  of   this article and shall require that a copy of such statement:1.  Be furnished to patients or their families at or prior to the time   of admission to a hospital, and to each member of the hospital's  staff;   and2. Be posted in a public place in each hospital.The  statement  of  rights required by this section may be included in   any other statement of patients' rights required by other provisions  of   this chapter.
NY Pub Health L § 2994-E (2021)
2021 New York Laws PBH - Public Health Article 29-CC - Family Health Care Decisions Act 2994-E - Decisions About Life-Sustaining Treatment for Minor Patients.

§   2994-e.   Decisions  about  life-sustaining  treatment  for  minor patients. 1. Authority of parent or guardian. The parent or guardian  of a  minor  patient  shall  have  the  authority  to  make decisions about life-sustaining treatment, including decisions to withhold  or  withdraw such   treatment,   subject  to  the  provisions  of  this  section  and subdivision five of section twenty-nine hundred  ninety-four-d  of  this article.   2. Decision-making standards and procedures for minor patient. (a) The parent or guardian of a minor patient shall make decisions in accordance with the minor's best interests, consistent with the standards set forth in subdivision four of section twenty-nine hundred ninety-four-d of this article, taking into account the minor's wishes as appropriate under the circumstances.  (b)  An  attending practitioner, in consultation with a minor's parent or guardian, shall determine whether a minor patient has decision-making capacity  for  a  decision  to  withhold  or  withdraw   life-sustaining treatment.  If  the  minor  has  such capacity, a parent's or guardian's decision to withhold or withdraw life-sustaining treatment for the minor may not be implemented without the minor's consent.  (c) Where a parent or guardian of a minor patient has made a  decision to  withhold  or  withdraw  life-sustaining  treatment  and an attending practitioner has reason to believe that the minor patient has  a  parent or  guardian  who  has  not  been  informed of the decision, including a non-custodial parent or guardian, an attending practitioner  or  someone acting  on his or her behalf, shall make reasonable efforts to determine if the uninformed parent or  guardian  has  maintained  substantial  and continuous  contact  with  the  minor  and,  if  so, shall make diligent efforts to notify that parent or  guardian  prior  to  implementing  the decision.   3.  Decision-making  standards  and  procedures  for emancipated minor patient. (a) If an attending practitioner determines that a  patient  is an  emancipated minor patient with decision-making capacity, the patient shall have the authority to decide about life-sustaining treatment. Such authority  shall  include   a   decision   to   withhold   or   withdraw life-sustaining  treatment  if  an attending practitioner and the ethics review committee determine that the decision accords with the  standards for  surrogate  decisions  for  adults,  and the ethics review committee approves the decision.  (b) If the hospital can with reasonable efforts ascertain the identity of the parents or guardian of an emancipated minor patient, the hospital shall  notify  such  persons  prior  to   withholding   or   withdrawing life-sustaining treatment pursuant to this subdivision.
NY Pub Health L § 2994-F (2021)
2021 New York Laws PBH - Public Health Article 29-CC - Family Health Care Decisions Act 2994-F - Obligations of Attending Practitioner.

§  2994-f.  Obligations  of  attending  practitioner.  1. An attending practitioner  informed  of  a   decision   to   withdraw   or   withhold life-sustaining treatment made pursuant to the standards of this article shall  record  the  decision in the patient's medical record, review the medical basis for the decision, and  shall  either:  (a)  implement  the decision,  or (b) promptly make his or her objection to the decision and the reasons for the objection known to the  decision-maker,  and  either make  all  reasonable efforts to arrange for the transfer of the patient to another physician, nurse  practitioner  or  physician  assistant,  if necessary, or promptly refer the matter to the ethics review committee.   2.  If  an  attending  practitioner has actual notice of the following objections or disagreements, he or she shall promptly refer  the  matter to  the  ethics review committee if the objection or disagreement cannot otherwise be resolved:  (a)  A  health  or  social  services  practitioner  consulted  for   a concurring  determination  that  an  adult patient lacks decision-making capacity disagrees with the attending practitioner's determination; or  (b) Any person on the surrogate list objects to the designation of the surrogate pursuant to subdivision one  of  section  twenty-nine  hundred ninety-four-d of this article; or  (c)  Any  person  on  the  surrogate  list  objects  to  a surrogate's decision; or  (d) A parent or guardian of a minor patient objects to the decision by another parent or guardian of the minor; or  (e) A minor patient refuses life-sustaining treatment, and the minor's parent or guardian wishes the treatment to be  provided,  or  the  minor patient  objects  to  an  attending  practitioner's  determination about decision-making  capacity  or   recommendation   about   life-sustaining treatment.   3.  Notwithstanding  the provisions of this section or subdivision one of section twenty-nine hundred  ninety-four-q  of  this  article,  if  a surrogate 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 surrogate'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-four-r  of  this article.
NY Pub Health L § 2994-I (2021)
2021 New York Laws PBH - Public Health Article 29-CC - Family Health Care Decisions Act 2994-I - Specific Policies for Orders Not to Resuscitate.

§  2994-i.  Specific  policies for orders not to resuscitate. An order   not to resuscitate shall be written in  the  patient's  medical  record.   Consent  to  an order not to resuscitate shall not constitute consent to   withhold or withdraw treatment other than cardiopulmonary resuscitation.
NY Pub Health L § 2994-J (2021)
2021 New York Laws PBH - Public Health Article 29-CC - Family Health Care Decisions Act 2994-J - Revocation of Consent.

§ 2994-j. Revocation of consent. 1. A patient, surrogate, or parent or guardian of a minor patient may at any time revoke his or her consent to withhold or withdraw life-sustaining treatment by informing an attending practitioner  or  a  member  of  the  medical  or  nursing  staff of the revocation.   2. An attending practitioner informed of a revocation of consent  made pursuant to this section shall immediately:  (a) record the revocation in the patient's medical record;  (b)  cancel  any  orders  implementing  the  decision  to  withhold or withdraw treatment; and  (c) notify the hospital staff directly responsible for  the  patient's care of the revocation and any cancellations.   3.  Any  member  of  the  medical or nursing staff, other than a nurse practitioner or physician  assistant,  informed  of  a  revocation  made pursuant   to   this  section  shall  immediately  notify  an  attending practitioner of the revocation.
NY Pub Health L § 2994-K (2021)
2021 New York Laws PBH - Public Health Article 29-CC - Family Health Care Decisions Act 2994-K - Implementation and Review of Decisions.

§  2994-k.  Implementation and review of decisions. 1. Hospitals shall adopt written policies requiring implementation and  regular  review  of decisions   to   withhold   or  withdrew  life-sustaining  treatment  in accordance with accepted medical standards. Hospitals shall also develop policies  in  accord   with   accepted   medical   standards   regarding documentation of clinical determinations and decisions by surrogates and health care providers pursuant to this article.   2. If a decision to withhold or withdraw life-sustaining treatment has been  made  pursuant  to  this  article,  and  an attending practitioner determines at any time that the decision is  no  longer  appropriate  or authorized  because the patient has regained decision-making capacity or because the patient's condition has otherwise improved,  the  physician, nurse practitioner or physician assistant shall immediately:  (a) include such determination in the patient's medical record;  (b)  cancel  any  orders or plans of care implementing the decision to withhold or withdraw life-sustaining treatment;  (c) notify the person who made the decision to  withhold  or  withdraw treatment,  or,  if that person is not reasonably available, to at least one person on the surrogate list highest in  order  of  priority  listed when  persons  in prior classes are not reasonably available pursuant to subdivision one of section twenty-nine  hundred  ninety-four-d  of  this article; and  (d)  notify  the hospital staff directly responsible for the patient's care of any cancelled orders or plans of care.
NY Pub Health L § 2994-L (2021)
2021 New York Laws PBH - Public Health Article 29-CC - Family Health Care Decisions Act 2994-L - Interinstitutional Transfers.

§  2994-l. Interinstitutional transfers. If a patient with an order to   withhold or withdraw life-sustaining treatment  is  transferred  from  a   mental  hygiene facility to a hospital or from a hospital to a different   hospital, any such  order  or  plan  shall  remain  effective  until  an   attending practitioner first examines the transferred patient, whereupon   an attending practitioner must either:1.  Issue appropriate orders to continue the prior order or plan. Such   orders may be issued without obtaining another consent  to  withhold  or   withdraw life-sustaining treatment pursuant to this article; or2.  Cancel  such  order, if the attending practitioner determines that   the order is no longer appropriate or authorized. Before  canceling  the   order the attending practitioner shall make reasonable efforts to notify   the  person  who made the decision to withhold or withdraw treatment and   the hospital staff directly responsible for the patient's  care  of  any   such  cancellation.  If  such  notice cannot reasonably be made prior to   canceling the order or plan, the attending practitioner shall make  such   notice as soon as reasonably practicable after cancellation.
NY Pub Health L § 2994-N (2021)
2021 New York Laws PBH - Public Health Article 29-CC - Family Health Care Decisions Act 2994-N - Conscience Objections.

§ 2994-n. Conscience objections. 1. Private hospitals. Nothing in this article  shall  be  construed  to  require a private hospital to honor a health care decision made pursuant to this article if:  (a) The decision is contrary to  a  formally  adopted  policy  of  the hospital  that is expressly based on sincerely held religious beliefs or sincerely held moral convictions central  to  the  facility's  operating principles;  (b)  The  hospital  has  informed the patient, family, or surrogate of such policy prior to or upon admission, if reasonably possible; and  (c) The patient is transferred promptly to another  hospital  that  is reasonably  accessible  under the circumstances and willing to honor the decision and pending transfer the  hospital  complies  with  subdivision three  of  section twenty-nine hundred ninety-four-f of this article. If the patient's family or surrogate 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-four-r  of  this article or honor the decision.   2.  Individual health care providers. Nothing in this article shall be construed to require an individual as a health care provider to honor  a health care decision made pursuant to this article if:  (a)  the  decision  is  contrary  to  the  individual's sincerely held religious beliefs or sincerely held moral conviction; and  (b) the individual health care provider promptly  informs  the  person who  made  the  decision and the hospital of his or her refusal to honor the decision. In  such  event,  the  hospital  shall  promptly  transfer responsibility  for  the  patient  to  another  individual  health  care provider willing to honor  the  decision.  The  individual  health  care provider  shall  cooperate in facilitating such transfer and comply with subdivision three of section twenty-nine hundred ninety-four-f  of  this article.