2010 New York Code
PBH - Public Health
Article 29-CC - (2994-A - 2994-U) FAMILY HEALTH CARE DECISIONS ACT
2994-S - Remedy.

§  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 accord with the standards set forth in this article shall
  not  be  entitled to compensation for treatment, services, or procedures
  refused by the surrogate, except that this subdivision shall not apply:
    (a) when a hospital or  physician  exercises  the  rights  granted  by
  section twenty-nine hundred ninety-four-n of this article, provided that
  the physician or hospital promptly fulfills the obligations set forth in
  section twenty-nine hundred ninety-four-n of this article;
    (b)  while  a  matter  is  under  consideration  by  the ethics review
  committee,  provided  that  the  matter  is  promptly  referred  to  and
  considered by the committee;
    (c)  in  the  event  of a dispute between individuals on the surrogate
  list; or
    (d) if the physician or hospital prevails in any litigation concerning
  the surrogate's decision to refuse the treatment, services or procedure.
  Nothing in this section shall determine or  affect  how  disputes  among
  individuals on the surrogate list are resolved.
    2.  The  remedy  provided  in  this  section  is  in  addition  to and
  cumulative with any other remedies available at law or in equity  or  by
  administrative  proceedings  to a patient, a health care agent appointed
  pursuant  to  article  twenty-nine-C  of  this  chapter,  or  a   person
  authorized  to  make  health  care  decisions  pursuant to this article,
  including injunctive and declaratory relief, and any other provisions of
  this chapter governing fines, penalties, or forfeitures.