reglab/statecodes huggingface dataset:
2023 New York Laws › PBH - Public Health › Article 29 - Hospital Survey, Planning and Review › 2902 - Receipt and Disbursement of Funds.

§  2902. Receipt and disbursement of funds. The department of taxation
  and finance is  authorized  to  accept  and  receive  from  the  federal
  government  any  moneys  which the federal government shall offer to the
  state to assist it to inventory its hospitals, to  survey  the  need  of
  construction  of  hospitals,  to  develop  a program for construction of
  public  and  nonprofit  hospitals  and  to  carry  out  the   plan   for
  construction  of  such  hospitals  in  accordance with such program, and
  generally for all the purposes  for  which  any  such  moneys  shall  be
  offered  under  or  pursuant  to any federal law heretofore or hereafter
  enacted authorizing grants to the state for  such  purposes  or  similar
  purposes,  including payments to political subdivisions or any public or
  other nonprofit agencies of the state.
Any and all such grants and moneys  awarded  for  assistance  to  this
  state  under  or  pursuant  to  any  federal  law  shall be accepted and
  received by the department of taxation and finance as custodian  thereof
  and  such  moneys, so received, shall be deposited by such department of
  taxation and finance in a special  fund  or  funds  and  shall  be  used
  exclusively  for the purposes of any such federal law. Such moneys shall
  be paid from such fund  or  funds  on  the  audit  and  warrant  of  the
  comptroller upon vouchers certified or approved by the commissioner.
Any  moneys  appropriated  or otherwise available to the department of
  health may be disbursed by it to any political subdivision or  voluntary
  nonprofit  agency  or,  on  the  advice of the state hospital review and
  planning council, to any health systems agency, pursuant to contract for
  services rendered to effectuate the purposes of this article.
2023 New York Laws › PBH - Public Health › Article 29 - Hospital Survey, Planning and Review › 2903 - Designation as Agency to Administer Federal Hospital Program in New York.

§  2903.  Designation as agency to administer federal hospital program
  in New  York.  The  department  of  health  is  hereby  designated,  and
  empowered  to  act,  as  the  sole agency of the state, to carry out the
  purposes of any  such  federal  law  or  laws  heretofore  or  hereafter
  enacted. Such department is authorized to submit an inventory and survey
  in  accordance  with federal law, containing all information required by
  the surgeon general and a  state  plan  providing  for  constructoin  of
  adequate  hospital  facilities for the people residing within the state,
  regardless of their ability to pay therefor, without  discrimination  on
  account  of race, creed or color, as may be required by such federal law
  or  laws  relating  thereto,  and  to  administer   or   supervise   the
  administration of any plan or plans or otherwise act thereunder.
Application  for  funds, authorized to be received and accepted by the
  department of taxation and finance under section twenty-nine hundred two
  of this article, shall be made  by  the  department  of  health  to  the
  surgeon  general  of  the  United  States public health service or other
  appropriate agency.
2023 New York Laws › PBH - Public Health › Article 29 - Hospital Survey, Planning and Review › 2904-A - Contracts Between the Commissioner of Health and Health Systems Agencies.

*  §  2904-a.  Contracts between the commissioner of health and health
  systems agencies.  1.  The  commissioner  of  health  is  authorized  to
  contract with a health systems agency to the extent of any appropriation
  therefor  for  such  health  systems agency to provide assistance to the
  state in implementing state health planning  and  development  functions
  and priorities.
2.  Any  such contracts shall be for a period of no more than one year
  and shall include a provision providing for termination of the  contract
  on notice by either party.
3.  No  health systems agency shall receive more than the sum of fifty
  thousand dollars annually, or  so  much  thereof  as  is  necessary,  to
  effectuate the purposes of this section.
4.  The  commissioner  of  health shall submit a written report to the
  legislature no later than the  first  day  of  March,  nineteen  hundred
  eighty-two  as to the number of such contracts entered into, the support
  to the  state  provided  by  the  health  systems  agencies  under  such
  contracts and an assessment of the program.
* NB Expired September 30, 1982
2023 New York Laws › PBH - Public Health › Article 29 - Hospital Survey, Planning and Review › 2905 - Cooperation of Other Departments and Agencies.

§  2905. Cooperation of other departments and agencies. The department
  of health may request and shall receive from any  department,  division,
  board,  bureau,  commission  or  agency of the state or of any political
  subdivision thereof, such assistance and  data  as  will  enable  it  to
  properly carry out its activities and effectuate the purposes hereunder.
2023 New York Laws › PBH - Public Health › Article 29 - Hospital Survey, Planning and Review › 2906 - Hospitals Included.

§  2906.  Hospitals  included.  As  used  in  this  article,  the term
  "hospital" shall include public health centers, diagnostic or  treatment
  centers,  rehabilitation  facilities,  nursing homes and chronic disease
  hospitals as defined in  section  six  hundred  thirty-one  (i)  of  the
  federal  public  health  service  act, as amended, tuberculosis, mental,
  chronic disease, and other types of hospitals,  including  laboratories,
  out-patient  departments,  nurses'  homes  and  training facilities, and
  central service facilities operated in connection  with  hospitals,  but
  does not include any hospital furnishing primarily domiciliary care.
2023 New York Laws › PBH - Public Health › Article 29 - Hospital Survey, Planning and Review › 2907 - Review of Hospital Operations.

§  2907.  Review of hospital operations. The department shall continue
  to exercise all of the functions, powers and duties prescribed  by  this
  chapter in connection with hospital operations within the state with the
  objective  of  promoting  the  highest  quality of hospital care for the
  citizens of the state.
2023 New York Laws › PBH - Public Health › Article 29-A - Access to Community Health Care Services in Rural Areas › Title 1 - Rural Health Care Access › 2954 - Limitation on Liability of Network Participants.

§  2954.  Limitation  on liability of network participants.  Neither a
  rural health network, nor any provider participating therein, whether by
  agreement or through membership or common directorates, shall be  liable
  for claims against or for the debt or obligations of any other affiliate
  solely  by  reason  of  affiliation  or,  in  the absence of substantial
  evidence of fraud or willful, wanton or criminal  activity  attributable
  to  the  incurring  of such claim, debt or obligation on the part of the
  entity from whom recovery is sought.
2023 New York Laws › PBH - Public Health › Article 29-A - Access to Community Health Care Services in Rural Areas › Title 1 - Rural Health Care Access › 2955 - Restraint of Trade by Networks and Network Participants.

§ 2955.  Restraint of trade by networks and network participants.  The
  activities of rural health networks and providers participating therein,
  undertaken  in  furtherance  of  planning,  implementing  or operating a
  network or promoting the efficient delivery of health care services in a
  rural area, shall be exempt from the provisions and penalties of article
  twenty-two of the  general  business  law  respecting  arrangements  and
  agreements  in  restraint  of  trade.    No hospital, physician or other
  licensed or certified health care provider operating in  good  standing,
  serving  the  area  of  the  network,  and willing to meet the terms and
  conditions of the network as defined  in  the  network  plan,  shall  be
  denied  the  ability  to  participate  therein. Nothing contained herein
  shall be construed to require a hospital to grant  admitting  privileges
  to  a  physician  solely because such physician is a participant in or a
  member of the network.
2023 New York Laws › PBH - Public Health › Article 29-A - Access to Community Health Care Services in Rural Areas › Title 1 - Rural Health Care Access › 2956 - Designation of Upgraded Diagnostic and Treatment Centers.

§ 2956.  Designation of upgraded diagnostic and treatment centers.  1.
  A  diagnostic  and  treatment  center  established  pursuant  to article
  twenty-eight of this chapter, which is a participant in or a member of a
  rural health network, may request the  commissioner  to  authorize  such
  diagnostic  and  treatment center to provide limited emergency services.
  Such diagnostic and treatment center shall  be  designated  an  upgraded
  diagnostic and treatment center upon the commissioner's approval of such
  request.
2.  The commissioner shall establish guidelines for the designation of
  a  diagnostic  and  treatment  center  as  an  upgraded  diagnostic  and
  treatment center pursuant  to  the  provisions  of  this  section.    In
  establishing  such guidelines, the commissioner shall solicit input from
  hospitals, diagnostic and treatment centers and physicians.
2023 New York Laws › PBH - Public Health › Article 29-A - Access to Community Health Care Services in Rural Areas › Title 1 - Rural Health Care Access › 2957 - Designation of Primary Care Hospitals.

§ 2957.  Designation of primary care hospitals. 1.  A general hospital
  established pursuant to article twenty-eight of this chapter may request
  the  commissioner to exempt such hospital from particular services or to
  authorize such hospital to offer  additional  special  services.    Such
  hospital   shall   be  designated  a  primary  care  hospital  upon  the
  commissioner's approval of such request; provided, however, that nothing
  herein contained shall be  construed  to  restrict  such  hospital  from
  offering  primary, specialty or acute inpatient services for which it is
  able to provide appropriate technical and human resources, to respond to
  community need, or to assure quality in the delivery of services.
2. The commissioner shall establish guidelines for the designation  of
  a general hospital as a primary care hospital pursuant to the provisions
  of  this  section.    In  establishing such guidelines, the commissioner
  shall solicit input from hospitals and physicians.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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; or
3. 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.
2023 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.
2023 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;
  and
2. 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 New York Laws › PBH - Public Health › Article 29-CC - Family Health Care Decisions Act › 2994-L - Interinstitutional Transfers.

§  2994-l. Interinstitutional transfers. 1. 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:
(a) 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; or
(b) 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.
2. Orders to withhold  or  withdraw  life-sustaining  treatment  shall
remain  effective  and no affirmative action by a general hospital shall
be required pursuant to this section  where  a  patient  is  transferred
within a general hospital between a medical unit and a ward, wing, unit,
or  other part of the general hospital which is operated for the purpose
of providing services for persons with mental  illness  pursuant  to  an
operating certificate issued by the commissioner of mental health.
2023 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.
2023 New York Laws › PBH - Public Health › Article 29-CC - Family Health Care Decisions Act › 2994-O - Immunity.

§  2994-o.  Immunity.  1.  Ethics review committee. No person shall be
  subject to criminal or civil liability, or be deemed to have engaged  in
  unprofessional  conduct, for acts performed reasonably and in good faith
  pursuant to this article as a member of or as a consultant to an  ethics
  review  committee  or  as  a  participant  in an ethics review committee
  meeting.
2. Providers. 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 reasonably and in good  faith  a
  health  care decision made pursuant to this article or for other actions
  taken reasonably and in good faith pursuant to this article.
3. Surrogates and guardians. No person shall be subjected to  criminal
  or  civil  liability for making a health care decision reasonably and in
  good  faith  pursuant  to  this  article  or  for  other  actions  taken
  reasonably and in good faith pursuant to this article.
2023 New York Laws › PBH - Public Health › Article 29-CC - Family Health Care Decisions Act › 2994-P - Liability for Health Care Costs.

§  2994-p.  Liability for health care costs. Liability for the cost of
  health care provided to an adult patient pursuant to this article  shall
  be  the  same  as  if  the  health  care  were  provided pursuant to the
  patient's decision. No person shall become liable for the cost of health
  care for a minor solely by virtue of making a decision as a guardian  of
  a minor pursuant to this article.
2023 New York Laws › PBH - Public Health › Article 29-CC - Family Health Care Decisions Act › 2994-Q - Effect on Other Rights.

§  2994-q. Effect on other rights. 1. Nothing in this article creates,
  expands, diminishes,  impairs,  or  supersedes  any  authority  that  an
  individual  may  have under law to make or express decisions, wishes, or
  instructions regarding health care on his or her own  behalf,  including
  decisions about life-sustaining treatment.
2.  Nothing  in  this  article  shall  affect  existing law concerning
  implied consent to health care in an emergency.
3. Nothing in this article is intended to permit or  promote  suicide,
  assisted suicide, or euthanasia.
4.  This  article  shall  not  affect  existing  law  with  respect to
  sterilization.
5. Nothing in this article diminishes the duty of  parents  and  legal
  guardians under existing law to consent to treatment for minors.
2023 New York Laws › PBH - Public Health › Article 29-CC - Family Health Care Decisions Act › 2994-S - Remedy.

§ 2994-s. Remedy. 1. Any hospital, attending practitioner that refuses
to  honor  a  health  care decision by a surrogate made pursuant to this
article and in accord with the standards set forth in this article shall
not be entitled to compensation for treatment, services,  or  procedures
refused by the surrogate, except that this subdivision shall not apply:
(a)  when  a  hospital,  physician,  nurse  practitioner  or physician
assistant exercises the rights granted by  section  twenty-nine  hundred
ninety-four-n  of  this  article,  provided  that  the  physician, nurse
practitioner, physician assistant  or  hospital  promptly  fulfills  the
obligations  set  forth  in section twenty-nine hundred ninety-four-n of
this article;
(b) while a  matter  is  under  consideration  by  the  ethics  review
committee,  provided  that  the  matter  is  promptly  referred  to  and
considered by the committee;
(c) in the event of a dispute between  individuals  on  the  surrogate
list; or
(d)  if  the  physician,  nurse  practitioner,  physician assistant or
hospital prevails in any litigation concerning the surrogate's  decision
to  refuse the treatment, services or procedure. Nothing in this section
shall  determine  or  affect  how  disputes  among  individuals  on  the
surrogate list are resolved.
2.  The  remedy  provided  in  this  section  is  in  addition  to and
cumulative with any other remedies available at law or in equity  or  by
administrative  proceedings  to a patient, a health care agent appointed
pursuant  to  article  twenty-nine-C  of  this  chapter,  or  a   person
authorized  to  make  health  care  decisions  pursuant to this article,
including injunctive and declaratory relief, and any other provisions of
this chapter governing fines, penalties, or forfeitures.
2023 New York Laws › PBH - Public Health › Article 29-CC - Family Health Care Decisions Act › 2994-T - Regulations.

§  2994-t.  Regulations.  1.  The  commissioner  shall  establish such
  regulations as may be necessary to implement this article.
2. The commissioner, in consultation with  the  commissioners  of  the
  office  of  mental  health  and the office for people with developmental
  disabilities, shall promulgate regulations identifying  the  credentials
  of  health  care  professionals  qualified  to  provide  an  independent
  determination, pursuant to  subdivision  three  of  section  twenty-nine
  hundred   ninety-four-c   of   this   article,   that  a  patient  lacks
  decision-making capacity because  of  mental  illness  or  developmental
  disability.
2023 New York Laws › PBH - Public Health › Article 29-CC - Family Health Care Decisions Act › 2994-U - Rights to Be Publicized.

§  2994-u.  Rights  to be publicized. The commissioner shall prepare a
  statement summarizing the  rights,  duties,  and  requirements  of  this
  article  and shall require that a copy of such statement be furnished to
  patients or to persons on the surrogate list known to the  hospital,  or
  to  the parents or guardians of minor patients, at or prior to admission
  to the hospital, or within a reasonable time  thereafter,  and  to  each
  member of the hospital's staff directly involved with patient care.
2023 New York Laws › PBH - Public Health › Article 29-CCC - Nonhospital Orders Not to Resuscitate › 2994-BB - General Provisions.

§  2994-bb.  General  provisions.  1.  (a)  Emergency medical services
personnel, home care services agency personnel, hospice  personnel,  and
hospital emergency services personnel shall honor nonhospital orders not
to  resuscitate,  except  as  provided  in  section  twenty-nine hundred
ninety-four-ee of this article.
(b) A nonhospital order not to resuscitate  shall  not  constitute  an
order  to  withhold  or  withdraw  treatment  other than cardiopulmonary
resuscitation.
2. A nonhospital  order  not  to  resuscitate  may  be  issued  during
hospitalization  to  take effect after hospitalization, or may be issued
for a person who is not a patient in, or a resident of, a hospital.
2023 New York Laws › PBH - Public Health › Article 29-CCC - Nonhospital Orders Not to Resuscitate › 2994-CC - Consent to a Nonhospital Order Not to Resuscitate.

§  2994-cc.  Consent  to a nonhospital order not to resuscitate. 1. An
adult with decision-making capacity, a health care agent, or a surrogate
may consent to a nonhospital order not  to  resuscitate  orally  to  the
attending  practitioner  or  in  writing.  If  a  patient  consents to a
nonhospital order not to resuscitate while in a  correctional  facility,
notice  of the patient's consent shall be given to the facility director
and reasonable efforts shall be made to notify an individual  designated
by  the  patient  to  receive  such  notice prior to the issuance of the
nonhospital order not  to  resuscitate.  Notification  to  the  facility
director  or  the  individual  designated by the patient shall not delay
issuance of a nonhospital order not to resuscitate.
2. Consent by a  health  care  agent  shall  be  governed  by  article
twenty-nine-C of this chapter.
3.  Consent by a surrogate shall be governed by article twenty-nine-CC
of this chapter, except that: (a) a  second  determination  of  capacity
shall  be  made by a health or social services practitioner; and (b) the
authority  of  the  ethics  review  committee  set  forth   in   article
twenty-nine-CC  of  this  chapter shall apply only to nonhospital orders
issued in a hospital.
4. (a) When the concurrence of a second physician, nurse  practitioner
or  physician  assistant  is  sought to fulfill the requirements for the
issuance of a nonhospital order not to resuscitate  for  patients  in  a
correctional  facility,  such  second  physician,  nurse practitioner or
physician assistant shall be selected by the chief  medical  officer  of
the  department  of  corrections and community supervision or his or her
designee.
(b) When the concurrence of a second physician, nurse practitioner  or
physician  assistant  is  sought  to  fulfill  the  requirements for the
issuance of a nonhospital order not to resuscitate for hospice and  home
care  patients,  such  second physician, nurse practitioner or physician
assistant shall be selected by the hospice medical director  or  hospice
nurse coordinator designated by the medical director or by the home care
services agency director of patient care services, as appropriate to the
patient.
5.  Consent by a patient or a surrogate for a patient in a residential
facility operated or licensed by the office of mental health, other than
a hospital as defined in section 1.03 of the mental hygiene  law,  shall
be  governed by this article. Consent by a patient who is intellectually
or   otherwise   developmentally   disabled   and   is   eligible    for
life-sustaining treatment decision pursuant to section seventeen hundred
fifty-b of the surrogate's court procedure act shall be governed by that
section.
2023 New York Laws › PBH - Public Health › Article 29-CCC - Nonhospital Orders Not to Resuscitate › 2994-EE - Obligation to Honor a Nonhospital Order Not to Resuscitate.

§ 2994-ee. Obligation to honor a nonhospital order not to resuscitate.
Emergency   medical   services  personnel,  home  care  services  agency
personnel, hospice personnel, or hospital emergency  services  personnel
who  are  provided  with  a nonhospital order not to resuscitate, or who
identify the standard bracelet on the patient's body, shall comply  with
the terms of such order; provided, however, that:
1.  Emergency  medical  services  personnel, home care services agency
personnel, hospice personnel, or hospital emergency  services  personnel
may disregard the order if:
(a)  They  believe  in  good  faith that consent to the order has been
revoked, or that the order has been cancelled; or
(b) Family members or others on the scene, excluding  such  personnel,
object to the order and physical confrontation appears likely; and
2.  Hospital  emergency  services  physicians  and  hospital emergency
services nurse practitioners and physician assistants  may  direct  that
the  order  be  disregarded if other significant and exceptional medical
circumstances warrant disregarding the order.
2023 New York Laws › PBH - Public Health › Article 29-CCC - Nonhospital Orders Not to Resuscitate › 2994-FF - Interinstitutional Transfer.

§   2994-ff.   Interinstitutional   transfer.  If  a  patient  with  a
  nonhospital order not to resuscitate is admitted to a hospital, or if  a
  hospital  patient with an order not to resuscitate is transferred from a
  hospital to a different hospital, the order shall be treated as an order
  not to resuscitate for a patient transferred from another hospital,  and
  shall  be  governed by section twenty-nine hundred ninety-four-l of this
  chapter.
2023 New York Laws › PBH - Public Health › Article 29-CCC - Nonhospital Orders Not to Resuscitate › 2994-GG - Immunity.

§  2994-gg.  Immunity.  No  person  shall  be  subjected  to  criminal
  prosecution or  civil  liability,  or  be  deemed  to  have  engaged  in
  unprofessional  conduct,  for  honoring  reasonably  and  in  good faith
  pursuant to this section a nonhospital order  not  to  resuscitate,  for
  disregarding a nonhospital order pursuant to section twenty-nine hundred
  ninety-four-ee  of  this  article, or for other actions taken reasonably
  and in good faith pursuant to this section.
2023 New York Laws › PBH - Public Health › Article 29CCCC - Care Act (Caregiver Advise, Record and Enable Act) › 2994-II - Definitions.

§ 2994-ii. Definitions. When used in this article, the following words
  or phrases shall have the following meanings:
1.  "Hospital" shall mean any "general hospital" as defined in section
  twenty-eight hundred one of this chapter.
2. "After-care" shall mean any assistance provided by a caregiver to a
  patient under this article after the patient's discharge from a hospital
  that is related to the patient's condition at  the  time  of  discharge.
  Such  assistance  shall  include,  but is not limited to, assisting with
  basic activities of daily  living  (ADLs),  instrumental  activities  of
  daily living (IADLs), and other tasks as determined to be appropriate by
  the discharging physician.
3.  "Caregiver"  shall  mean  any  individual  duly  identified  as  a
  caregiver by a  patient  under  this  article  who  provides  after-care
  assistance  to  a  patient living in his or her residence. An identified
  caregiver shall include, but is not limited  to,  a  relative,  partner,
  friend or neighbor who has a significant relationship with the patient.
4.  "Discharge" shall mean a patient's exit or release from a hospital
  to the patient's residence following an inpatient admission.
5. "Entry" shall mean a patient's admission into a  hospital  for  the
  purposes of receiving inpatient care.
6. "Patient" shall mean a patient eighteen years of age or older.
7.  "Residence" shall mean a dwelling that the patient considers to be
  his or her home. A "residence" for the purposes of  this  article  shall
  not   include  any  rehabilitation  facility,  hospital,  nursing  home,
  assisted living facility, group home or other  residential  health  care
  facility  as defined in section twenty-eight hundred one of this chapter
  or any inpatient facility regulated by the office of mental health.