2023 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.