2022 New York Laws
PBH - Public Health
Article 29-CC - Family Health Care Decisions Act
2994-B - Applicability; Priority of Certain Other Surrogate Decision-Making Laws and Regulations.

§   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 where the decision
is made or  where  the  care  is  provided,  for  a  patient  who  lacks
decision-making capacity, except as limited by this section.
  2.  Prior  to  seeking  or  relying  upon  a health care decision by a
surrogate for a patient under this article, the  attending  practitioner
shall  make  reasonable  efforts  to determine whether the patient has a
health care agent appointed pursuant to article  twenty-nine-C  of  this
chapter.  If so, health care decisions for the patient shall be governed
by such article, and shall have priority over  decisions  by  any  other
person  except  the  patient or as otherwise provided in the health care
proxy.
  3. Prior to seeking or relying  upon  a  health  care  decision  by  a
surrogate   for   a   patient  under  this  article,  if  the  attending
practitioner has reason to believe that the patient  has  a  history  of
receiving services for a developmental disability; it reasonably appears
to  the  attending  practitioner  that  the  patient has a developmental
disability; or the practitioner has reason to believe that  the  patient
has been transferred from a mental hygiene facility operated or licensed
by  the office of mental health, then such physician, nurse practitioner
or physician  assistant  shall  make  reasonable  efforts  to  determine
whether paragraphs (a), (b) or (c) of this subdivision are applicable:
  (a)  If  the  patient  has a guardian appointed by a court pursuant to
article seventeen-A of the surrogate's court procedure act, health  care
decisions for the patient shall be governed by section seventeen hundred
fifty-b of the surrogate's court procedure act and not by this article.
  (b)  If  a  patient  does  not  have  a  guardian appointed by a court
pursuant to article seventeen-A of the surrogate's court  procedure  act
but  falls  within  the  class  of persons described in paragraph (a) of
subdivision one of  section  seventeen  hundred  fifty-b  of  such  act,
decisions  to  withdraw  or  withhold  life-sustaining treatment for the
patient shall be governed by section seventeen hundred  fifty-b  of  the
surrogate's court procedure act and not by this article.
  (c)  If  a  health  care  decision  for a patient cannot be made under
paragraphs (a) or (b) of this subdivision, but consent for the  decision
may be provided pursuant to the mental hygiene law or regulations of the
office  of  mental  health  or  the office for people with developmental
disabilities, then the decision shall be governed  by  such  statute  or
regulations and not by this article.
  4.  If,  after reasonable efforts, it is determined that a health care
decision for the patient cannot be made pursuant to subdivision  two  or
three  of  this  section,  then  the  health care decision shall be made
pursuant to this article.