2023 New York Laws › MHY - Mental Hygiene › Title E - General Provisions › Article 82 - Supported Decision-Making › 82.12 - Limitations on Liability.

* § 82.12 Limitations on liability.
(a)  Subdivisions (b), (c) and (d) of this section shall apply only to
decisions made pursuant to supported decision-making agreements  created
in  accordance  with  this article which are signed by a facilitator and
following  a  recognized  supported  decision-making   facilitation   or
education   process,   as   prescribed   by  regulations  governing  the
facilitation and education  processes  promulgated  by  the  office  for
people with developmental disabilities.
(b)  A  person shall not be subject to criminal or civil liability and
shall not be determined to have engaged in professional  misconduct  for
an  act  or omission if the act or omission is done in good faith and in
reliance on a decision made by  a  decision-maker  pursuant  to  a  duly
executed  supported decision-making agreement created in accordance with
this article.
(c) Any health care provider that provides health care  based  on  the
consent  of  a decision-maker, given with support or assistance provided
through a duly executed supported decision-making agreement  created  in
accordance  with  this article, shall be immune from any action alleging
that the decision-maker lacked capacity  to  provide  informed  consent,
unless  the  entity,  custodian, or organization had actual knowledge or
notice that the decision-maker had revoked the supported decision-making
agreement, or that the supporter had committed abuse, physical coercion,
undue influence, or financial exploitation with respect to the  decision
to grant consent.
(d)  Any  public  or  private  entity, custodian, or organization that
discloses personal information about a decision-maker in reliance on the
terms of a duly executed supported decision-making agreement created  in
accordance  with this article, to a supporter authorized by the terms of
the supported decision-making agreement to assist the decision-maker  in
accessing,  collecting,  or obtaining that information under subdivision
(e) of section 82.05 of this article, shall be immune  from  any  action
alleging  that it improperly or unlawfully disclosed such information to
the supporter unless the entity, custodian, or organization  had  actual
knowledge that the decision-maker had revoked such authorization.
(e) This section may not be construed to provide immunity from actions
alleging that a health care provider, or other third party, has done any
of the following:
1.  caused  personal  injury  as a result of a negligent, reckless, or
intentional act;
2. acted inconsistently with the expressed wishes of a decision-maker;
3. failed to provide information to  either  decision-maker  or  their
supporter that would be necessary for informed consent; or
4. otherwise acted inconsistently with applicable law.
(f)  The  existence  or  availability  of  a supported decision-making
agreement does not relieve a health care provider, or other third party,
of  any  legal  obligation  to  provide  services  to  individuals  with
disabilities,   including   the   obligation   to   provide   reasonable
accommodations or  auxiliary  aids  and  services,  including,  but  not
limited  to,  interpretation  services  and  communication  supports  to
individuals  with  disabilities  under  the   federal   Americans   with
Disabilities Act (42 U.S.C. § 12101).
* NB  Effective  90  days from the date that the regulations issued in
accordance with § 1 of chapter 481 of 2022 appear in the New York  State
Register or the date such regulations are adopted, whichever is later.