2023 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.
1-a.  This  article shall also apply to decisions regarding orders not
to resuscitate for a patient who lacks  decision-making  capacity  in  a
hospital as defined by section 1.03 of the mental hygiene law.
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 an intellectual or developmental disability; it
reasonably appears to the attending practitioner that the patient has an
intellectual or developmental  disability;  or  the  practitioner  in  a
general  hospital  has  reason  to  believe  that  the  patient has been
temporarily transferred from  a  mental  hygiene  facility  operated  or
licensed  by  the  office of mental health or the office for people with
developmental disabilities, then such physician, nurse  practitioner  or
physician  assistant  shall make reasonable efforts to determine whether
paragraph (a), (b) or (c) of this subdivision is 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.