N.Y. Public Health Law § 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.