New York Codes, Rules and Regulations
Title 14 - DEPARTMENT OF MENTAL HYGIENE
Chapter XIII - Office of Mental Health
Part 527 - Rights Of Patients
Section 527.6 - Health care agents and proxies
Universal Citation: 14 NY Comp Codes Rules and Regs ยง 527.6
Current through Register Vol. 46, No. 39, September 25, 2024
(a) Definitions.
(1) Adult means any person who
is 18 years of age or older, or is the parent of a child, or has
married.
(2) Capacity means the
ability to understand and appreciate the nature and consequences of health care
decisions, including the benefits and risks of and alternatives to any proposed
health care, and to reach an informed decision.
(3) Health care means any treatment, service
or procedure to diagnose or treat an individual's physical or mental
condition.
(4) Health care agent
means an adult to whom authority to make health care decisions is delegated
under a health care proxy.
(5)
Health care decision means any decision to consent or refuse to consent to
health care.
(6) Health care proxy
means a document delegating the authority to make health care decisions,
executed in accordance with article 29-C of the Public Health Law.
(b) Procedural requirements.
(1) All competent adults have the right to
appoint a health care agent to make health care decisions in the event they
lose decision-making capacity. The facility shall ensure that all adult
patients or residents are afforded this right as set forth in this Part and
article 29-C of the Public Health Law. The facility' s responsibility for
ensuring patients' or residents' right to appoint a health care agent includes
providing patients or residents with a copy of these rights, providing
assistance to patients or residents to understand and exercise these rights,
and ensuring that health care proxies are created voluntarily.
(2) In order to ensure that patients or
residents are made aware of, understand and can exercise their right to appoint
a health care agent, each facility shall meet the following requirements:
(i) Each adult patient or resident shall be
given a written explanation of his or her right to appoint a health care agent
at the time of admission to the facility.
(ii) Each adult patient or resident
previously admitted but not yet discharged from the facility upon the effective
date of these regulations shall be given a written explanation of his or her
right to appoint a health care agent.
(iii) A written explanation of patients' and
residents' right to appoint a health care agent shall be posted in conspicuous
areas in each facility.
(iv)
Information shall be provided to all clinical staff to assure their knowledge
and understanding of patients' and residents' right to appoint a health care
agent.
(v) Each facility shall make
available designated staff to answer questions regarding patients' and
residents' right to appoint a health care agent, and to assist patients and
residents in the creation of health care proxies. The availability of these
services shall be described in the written notices required in subparagraphs
(i)-(iii) of this paragraph.
Disclaimer: These regulations may not be the most recent version. New York may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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