N.Y. Public Health Law § 2984: Provider's obligations

§ 2984. Provider's obligations. 1. A health care provider who is

provided with a health care proxy shall arrange for the proxy or a copy

thereof to be inserted in the principal's medical record if the health

care proxy has not been included in such record.

2. A health care provider shall comply with health care decisions made

by an agent in good faith under a health care proxy to the same extent

as if such decisions had been made by the principal, subject to any

limitations in the health care proxy and pursuant to the provisions of

subdivision five of section two thousand nine hundred eighty-three of

this article.

3. Notwithstanding subdivision two of this section, nothing in this

article shall be construed to require a private hospital to honor an

agent's health care decision that the hospital would not honor if the

decision had been made by the principal because the decision is contrary

to a formally adopted policy of the hospital that is expressly based on

religious beliefs or sincerely held moral convictions central to the

facility's operating principles and the hospital would be permitted by

law to refuse to honor the decision if made by the principal, provided:

(a) the hospital has informed the patient or the health care agent of

such policy prior to or upon admission, if reasonably possible; and

(b) the patient is transferred promptly to another hospital that is

reasonably accessible under the circumstances and is willing to honor

the agent's decision and pending transfer the hospital complies with

subdivision five of this section. If the agent is unable or unwilling to

arrange such a transfer, the hospital may intervene to facilitate such a

transfer. If such a transfer is not effected, the hospital shall seek

judicial relief in accordance with section twenty-nine hundred

ninety-two of this article or honor the agent's decision.

4. Notwithstanding subdivision two of this section, nothing in this

article shall be construed to require an individual as a health care

provider to honor an agent's health care decision that the individual

would not honor if the decision had been made by the principal because

the decision is contrary to the individual's religious beliefs or

sincerely held moral convictions, provided the individual health care

provider promptly informs the health care agent and the hospital of his

or her refusal to honor the agent's decision. In such event, the

hospital shall promptly transfer responsibility for the patient to

another individual health care provider willing to honor the agent's

decision. The individual health care provider shall cooperate in

facilitating such transfer of the patient and comply with subdivision

five of this section.

5. Notwithstanding the provisions of this section or subdivision two

of section twenty-nine hundred eighty-nine of this article, if an agent

directs the provision of life-sustaining treatment, the denial of which

in reasonable medical judgment would be likely to result in the death of

the patient, a hospital or individual health care provider that does not

wish to provide such treatment shall nonetheless comply with the agent's

decision pending either transfer of the patient to a willing hospital or

individual health care provider, or judicial review in accordance with

section twenty-nine hundred ninety-two of this article.