* § 82.12 Limitations on liability.

(a) Subdivisions (b), (c) and (d) of this section shall apply only to
decisions made pursuant to supported decision-making agreements created
in accordance with this article which are signed by a facilitator and
following a recognized supported decision-making facilitation or
education process, as prescribed by regulations governing the
facilitation and education processes promulgated by the office for
people with developmental disabilities.

(b) A person shall not be subject to criminal or civil liability and
shall not be determined to have engaged in professional misconduct for
an act or omission if the act or omission is done in good faith and in
reliance on a decision made by a decision-maker pursuant to a duly
executed supported decision-making agreement created in accordance with
this article.

(c) Any health care provider that provides health care based on the
consent of a decision-maker, given with support or assistance provided
through a duly executed supported decision-making agreement created in
accordance with this article, shall be immune from any action alleging
that the decision-maker lacked capacity to provide informed consent,
unless the entity, custodian, or organization had actual knowledge or
notice that the decision-maker had revoked the supported decision-making
agreement, or that the supporter had committed abuse, physical coercion,
undue influence, or financial exploitation with respect to the decision
to grant consent.

(d) Any public or private entity, custodian, or organization that
discloses personal information about a decision-maker in reliance on the
terms of a duly executed supported decision-making agreement created in
accordance with this article, to a supporter authorized by the terms of
the supported decision-making agreement to assist the decision-maker in
accessing, collecting, or obtaining that information under subdivision
(e) of section 82.05 of this article, shall be immune from any action
alleging that it improperly or unlawfully disclosed such information to
the supporter unless the entity, custodian, or organization had actual
knowledge that the decision-maker had revoked such authorization.

(e) This section may not be construed to provide immunity from actions
alleging that a health care provider, or other third party, has done any
of the following:

1. caused personal injury as a result of a negligent, reckless, or
intentional act;

2. acted inconsistently with the expressed wishes of a decision-maker;

3. failed to provide information to either decision-maker or their
supporter that would be necessary for informed consent; or

4. otherwise acted inconsistently with applicable law.

(f) The existence or availability of a supported decision-making
agreement does not relieve a health care provider, or other third party,
of any legal obligation to provide services to individuals with
disabilities, including the obligation to provide reasonable
accommodations or auxiliary aids and services, including, but not
limited to, interpretation services and communication supports to
individuals with disabilities under the federal Americans with
Disabilities Act (42 U.S.C. § 12101).

* NB Effective 90 days from the date that the regulations issued in
accordance with § 1 of chapter 481 of 2022 appear in the New York State
Register or the date such regulations are adopted, whichever is later.