§ 2994-s. Remedy. 1. Any hospital, attending practitioner that refuses\nto honor a health care decision by a surrogate made pursuant to this\narticle and in accord with the standards set forth in this article shall\nnot be entitled to compensation for treatment, services, or procedures\nrefused by the surrogate, except that this subdivision shall not apply:\n (a) when a hospital, physician, nurse practitioner or physician\nassistant exercises the rights granted by section twenty-nine hundred\nninety-four-n of this article, provided that the physician, nurse\npractitioner, physician assistant or hospital promptly fulfills the\nobligations set forth in section twenty-nine hundred ninety-four-n of\nthis article;\n (b) while a matter is under consideration by the ethics review\ncommittee, provided that the matter is promptly referred to and\nconsidered by the committee;\n (c) in the event of a dispute between individuals on the surrogate\nlist; or\n (d) if the physician, nurse practitioner, physician assistant or\nhospital prevails in any litigation concerning the surrogate's decision\nto refuse the treatment, services or procedure. Nothing in this section\nshall determine or affect how disputes among individuals on the\nsurrogate list are resolved.\n 2. The remedy provided in this section is in addition to and\ncumulative with any other remedies available at law or in equity or by\nadministrative proceedings to a patient, a health care agent appointed\npursuant to article twenty-nine-C of this chapter, or a person\nauthorized to make health care decisions pursuant to this article,\nincluding injunctive and declaratory relief, and any other provisions of\nthis chapter governing fines, penalties, or forfeitures.\n
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