New York Codes, Rules and Regulations
Title 14 - DEPARTMENT OF MENTAL HYGIENE
Chapter XIII - Office of Mental Health
Part 527 - Rights Of Patients
Section 527.7 - Advance directives
Universal Citation: 14 NY Comp Codes Rules and Regs ยง 527.7
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) Advance directive
means an individual's written instruction, recognized under New York State law,
which relates to the provision of health care in the event that such individual
lacks the capacity to make health care decisions.
(3) Health care means any treatment, service
or procedure to diagnose or treat an individual's physical or mental
condition.
(4) Health care decision
means any decision to consent or refuse to consent to health care.
(b) Procedural requirements. Each facility which participates in the Medicare and/or medical assistance programs shall:
(1) establish and maintain written
policies and procedures for implementing their obligations regarding patients'
rights to make health care decisions. Such policies and procedures shall
include, at the minimum, provisions for:
(i)
documenting in each patient's clinical record whether or not the individual has
executed an advance directive;
(ii)
not conditioning the provision of care or otherwise discriminating against an
individual based on whether or not the individual has executed an advance
directive;
(iii) ensuring
compliance with the requirements of New York State law related to advance
directives; and
(iv) providing
(individually or with others) for education of staff and the community on
issues concerning advance directives;
(2) furnish the following to each adult
patient upon his or her admission to such facility:
(i) written information about the policies
and procedures described in paragraph (1) of this subdivision; and
(ii) written information about patients'
rights under New York State law to accept or refuse medical treatment and to
make advance directives; and
(3) furnish the information described in
subparagraphs (2)(i)-(ii) of this subdivision to each adult patient previously
admitted but not yet discharged from the facility upon the effective date of
these regulations.
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.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
