NY Pub Health L § 2994-B (2021)
2021 New York Laws PBH - Public Health Article 29-CC - Family Health Care Decisions Act 2994-B - Applicability; Priority of Certain Other Surrogate Decision-Making Laws and Regulations.

§   2994-b.   Applicability;   priority  of  certain  other  surrogate decision-making laws and regulations. 1. This  article  shall  apply  to health  care decisions regarding health care provided in a hospital, and to decisions regarding hospice care without regard to where the decision is made or  where  the  care  is  provided,  for  a  patient  who  lacks decision-making capacity, except as limited by this section.   2.  Prior  to  seeking  or  relying  upon  a health care decision by a surrogate for a patient under this article, the  attending  practitioner shall  make  reasonable  efforts  to determine whether the patient has a health care agent appointed pursuant to article  twenty-nine-C  of  this chapter.  If so, health care decisions for the patient shall be governed by such article, and shall have priority over  decisions  by  any  other person  except  the  patient or as otherwise provided in the health care proxy.   3. Prior to seeking or relying  upon  a  health  care  decision  by  a surrogate   for   a   patient  under  this  article,  if  the  attending practitioner has reason to believe that the patient  has  a  history  of receiving services for mental retardation or a developmental disability; it reasonably appears to the attending practitioner that the patient has mental  retardation  or  a developmental disability; or the practitioner has reason to believe that the  patient  has  been  transferred  from  a mental  hygiene  facility  operated  or licensed by the office of mental health, then such physician, nurse practitioner or  physician  assistant shall  make  reasonable efforts to determine whether paragraphs (a), (b) or (c) of this subdivision are applicable:  (a) If the patient has a guardian appointed by  a  court  pursuant  to article  seventeen-A of the surrogate's court procedure act, health care decisions for the patient shall be governed by section seventeen hundred fifty-b of the surrogate's court procedure act and not by this article.  (b) If a patient does  not  have  a  guardian  appointed  by  a  court pursuant  to  article seventeen-A of the surrogate's court procedure act but falls within the class of persons  described  in  paragraph  (a)  of subdivision  one  of  section  seventeen  hundred  fifty-b  of such act, decisions to withdraw or  withhold  life-sustaining  treatment  for  the patient  shall  be  governed by section seventeen hundred fifty-b of the surrogate's court procedure act and not by this article.  (c) If a health care decision for  a  patient  cannot  be  made  under paragraphs  (a) or (b) of this subdivision, but consent for the decision may be provided pursuant to the mental hygiene law or regulations of the office of mental health or the  office  for  people  with  developmental disabilities,  then  the  decision  shall be governed by such statute or regulations and not by this article.   4. If, after reasonable efforts, it is determined that a  health  care decision  for  the patient cannot be made pursuant to subdivision two or three of this section, then the  health  care  decision  shall  be  made pursuant to this article.