New York Public Health Law Article 29-CC - FAMILY HEALTH CARE DECISIONS ACT

• 2994-a - Definitions.
  The following words or phrases, used in this article, shall have the following meanings, unless the context otherwise requires: 1. "Adult" means any person who...
• 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...
• 2994-c - Determination of Incapacity.
  1. Presumption of capacity. For purposes of this article, every adult shall be presumed to have decision-making capacity unless determined otherwise pursuant to this section...
• 2994-d - Health Care Decisions for Adult Patients by Surrogates.
  1. Identifying the surrogate. One person from the following list from the class highest in priority when persons in prior classes are not reasonably available,...
• 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...
• 2994-f - Obligations of Attending Physician or Attending Nurse Practitioner.
  * 2994-f. Obligations of attending physician. 1. An attending physician informed of a decision to withdraw or withhold life-sustaining treatment made pursuant to the standards...
• 2994-g - Health Care Decisions for Adult Patients Without Surrogates.
  1. Identifying adult patients without surrogates. Within a reasonable time after admission as an inpatient to the hospital of each adult patient, the hospital shall...
• 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...
• 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...
• 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....
• 2994-l - Interinstitutional Transfers.
  * 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...
• 2994-m - Ethics Review Committees.
  1. Establishment of an ethics review committee, written policy. Each hospital shall establish at least one ethics review committee or participate in an ethics review...
• 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...
• 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...
• 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...
• 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,...
• 2994-r - Special Proceeding Authorized; Court Orders; Health Care Guardian for Minor Patient.
  1. Special proceeding. Any person connected with the case and any member of the hospital ethics review committee may commence a special proceeding pursuant to...
• 2994-s - Remedy.
  * 1. Any hospital or attending physician that refuses to honor a health care decision by a surrogate made pursuant to this article and in...
• 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...
• 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...

Last modified: February 3, 2019