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.

Terms Used In N.Y. Public Health Law 2984

  • agent: means an adult to whom authority to make health care decisions is delegated under a health care proxy. See N.Y. Public Health Law 2980
  • Health care: means any treatment, service or procedure to diagnose or treat an individual's physical or mental condition. See N.Y. Public Health Law 2980
  • Health care decision: means any decision to consent or refuse to consent to health care. See N.Y. Public Health Law 2980
  • Health care provider: means an individual or facility licensed, certified, or otherwise authorized or permitted by law to administer health care in the ordinary course of business or professional practice. See N.Y. Public Health Law 2980
  • Health care proxy: means a document delegating the authority to make health care decisions, executed in accordance with the requirements of this article. See N.Y. Public Health Law 2980
  • Hospital: means a general hospital as defined in subdivision ten of section two thousand eight hundred one of this chapter and a residential health care facility as defined in subdivision three of section two thousand eight hundred one of this chapter, and a mental hygiene facility as defined in subdivision ten of this section and a hospice as defined in subdivision one of section four thousand two of this chapter. See N.Y. Public Health Law 2980
  • Life-sustaining treatment: means any medical treatment or procedure without which the patient will die within a relatively short time, as determined by an attending practitioner to a reasonable degree of medical certainty. See N.Y. Public Health Law 2980
  • Principal: means a person who has executed a health care proxy. See N.Y. Public Health Law 2980

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.