N.Y. Mental Hygiene Law § 82.12: Limitations on liability

* § 82.12 Limitations on liability.

(a) Subdivisions (b), (c) and (d) of this section shall apply only to

decisions made pursuant to supported decision-making agreements created

in accordance with this article which are signed by a facilitator and

following a recognized supported decision-making facilitation or

education process, as prescribed by regulations governing the

facilitation and education processes promulgated by the office for

people with developmental disabilities.

(b) A person shall not be subject to criminal or civil liability and

shall not be determined to have engaged in professional misconduct for

an act or omission if the act or omission is done in good faith and in

reliance on a decision made by a decision-maker pursuant to a duly

executed supported decision-making agreement created in accordance with

this article.

(c) Any health care provider that provides health care based on the

consent of a decision-maker, given with support or assistance provided

through a duly executed supported decision-making agreement created in

accordance with this article, shall be immune from any action alleging

that the decision-maker lacked capacity to provide informed consent,

unless the entity, custodian, or organization had actual knowledge or

notice that the decision-maker had revoked the supported decision-making

agreement, or that the supporter had committed abuse, physical coercion,

undue influence, or financial exploitation with respect to the decision

to grant consent.

(d) Any public or private entity, custodian, or organization that

discloses personal information about a decision-maker in reliance on the

terms of a duly executed supported decision-making agreement created in

accordance with this article, to a supporter authorized by the terms of

the supported decision-making agreement to assist the decision-maker in

accessing, collecting, or obtaining that information under subdivision

(e) of section 82.05 of this article, shall be immune from any action

alleging that it improperly or unlawfully disclosed such information to

the supporter unless the entity, custodian, or organization had actual

knowledge that the decision-maker had revoked such authorization.

(e) This section may not be construed to provide immunity from actions

alleging that a health care provider, or other third party, has done any

of the following:

1. caused personal injury as a result of a negligent, reckless, or

intentional act;

2. acted inconsistently with the expressed wishes of a decision-maker;

3. failed to provide information to either decision-maker or their

supporter that would be necessary for informed consent; or

4. otherwise acted inconsistently with applicable law.

(f) The existence or availability of a supported decision-making

agreement does not relieve a health care provider, or other third party,

of any legal obligation to provide services to individuals with

disabilities, including the obligation to provide reasonable

accommodations or auxiliary aids and services, including, but not

limited to, interpretation services and communication supports to

individuals with disabilities under the federal Americans with

Disabilities Act (42 U.S.C. § 12101).

* NB Effective 90 days from the date that the regulations issued in

accordance with § 1 of chapter 481 of 2022 appear in the New York State

Register or the date such regulations are adopted, whichever is later.