(a) A health or social services practitioner consulted for a
concurring determination that an adult patient lacks decision-making
capacity disagrees with the attending practitioner's determination; or
(b) Any person on the surrogate list objects to the designation of the
surrogate pursuant to subdivision one of section twenty-nine hundred
ninety-four-d of this article; or
(c) Any person on the surrogate list objects to a surrogate's
decision; or
(d) A parent or guardian of a minor patient objects to the decision by
another parent or guardian of the minor; or
(e) A minor patient refuses life-sustaining treatment, and the minor's
parent or guardian wishes the treatment to be provided, or the minor
patient objects to an attending practitioner's determination about
decision-making capacity or recommendation about life-sustaining
treatment.
3. Notwithstanding the provisions of this section or subdivision one
of section twenty-nine hundred ninety-four-q of this article, if a
surrogate 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 surrogate'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-four-r of this
article.
Structure New York Laws
Article 29-CC - Family Health Care Decisions Act
2994-B - Applicability; Priority of Certain Other Surrogate Decision-Making Laws and Regulations.
2994-C - Determination of Incapacity.
2994-D - Health Care Decisions for Adult Patients by Surrogates.
2994-E - Decisions About Life-Sustaining Treatment for Minor Patients.
2994-F - Obligations of Attending Practitioner.
2994-G - Health Care Decisions for Adult Patients Without Surrogates.
2994-I - Specific Policies for Orders Not to Resuscitate.
2994-J - Revocation of Consent.
2994-K - Implementation and Review of Decisions.
2994-L - Interinstitutional Transfers.
2994-M - Ethics Review Committees.
2994-N - Conscience Objections.
2994-P - Liability for Health Care Costs.
2994-Q - Effect on Other Rights.
2994-R - Special Proceeding Authorized; Court Orders; Health Care Guardian for Minor Patient.