§ 2984 — Provider's obligations

New York § 2984

• Jurisdiction: New York
• Law PBH: Public Health
• Art. 29-C: Health Care Agents and Proxies

Text

§ 2984. Provider's obligations. 1. A health care provider who is\nprovided with a health care proxy shall arrange for the proxy or a copy\nthereof to be inserted in the principal's medical record if the health\ncare proxy has not been included in such record.\n 2. A health care provider shall comply with health care decisions made\nby an agent in good faith under a health care proxy to the same extent\nas if such decisions had been made by the principal, subject to any\nlimitations in the health care proxy and pursuant to the provisions of\nsubdivision five of section two thousand nine hundred eighty-three of\nthis article.\n 3. Notwithstanding subdivision two of this section, nothing in this\narticle shall be construed to require a private hospital to honor an\nagent's health care decision that the hospital would not honor if the\ndecision had been made by the principal because the decision is contrary\nto a formally adopted policy of the hospital that is expressly based on\nreligious beliefs or sincerely held moral convictions central to the\nfacility's operating principles and the hospital would be permitted by\nlaw to refuse to honor the decision if made by the principal, provided:\n (a) the hospital has informed the patient or the health care agent of\nsuch policy prior to or upon admission, if reasonably possible; and\n (b) the patient is transferred promptly to another hospital that is\nreasonably accessible under the circumstances and is willing to honor\nthe agent's decision and pending transfer the hospital complies with\nsubdivision five of this section. If the agent is unable or unwilling to\narrange such a transfer, the hospital may intervene to facilitate such a\ntransfer. If such a transfer is not effected, the hospital shall seek\njudicial relief in accordance with section twenty-nine hundred\nninety-two of this article or honor the agent's decision.\n 4. Notwithstanding subdivision two of this section, nothing in this\narticle shall be construed to require an individual as a health care\nprovider to honor an agent's health care decision that the individual\nwould not honor if the decision had been made by the principal because\nthe decision is contrary to the individual's religious beliefs or\nsincerely held moral convictions, provided the individual health care\nprovider promptly informs the health care agent and the hospital of his\nor her refusal to honor the agent's decision. In such event, the\nhospital shall promptly transfer responsibility for the patient to\nanother individual health care provider willing to honor the agent's\ndecision. The individual health care provider shall cooperate in\nfacilitating such transfer of the patient and comply with subdivision\nfive of this section.\n 5. Notwithstanding the provisions of this section or subdivision two\nof section twenty-nine hundred eighty-nine of this article, if an agent\ndirects the provision of life-sustaining treatment, the denial of which\nin reasonable medical judgment would be likely to result in the death of\nthe patient, a hospital or individual health care provider that does not\nwish to provide such treatment shall nonetheless comply with the agent's\ndecision pending either transfer of the patient to a willing hospital or\nindividual health care provider, or judicial review in accordance with\nsection twenty-nine hundred ninety-two of this article.\n