2021 New York Laws
PBH - Public Health
Article 29-CC - Family Health Care Decisions Act
2994-S - Remedy.

§ 2994-s. Remedy. 1. Any hospital, attending practitioner 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,  physician,  nurse  practitioner  or physician
assistant exercises the rights granted by  section  twenty-nine  hundred
ninety-four-n  of  this  article,  provided  that  the  physician, nurse
practitioner, physician assistant  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,  nurse  practitioner,  physician assistant 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.