1. (1) Adult means any person who is 18 years of age or older, or is the parent of a child, or has married.
2. (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. (3) Health care means any treatment, service or procedure to diagnose or treat an individual's physical or mental condition.
4. (4) Health care agent means an adult to whom authority to make health care decisions is delegated under a health care proxy.
5. (5) Health care decision means any decision to consent or refuse to consent to health care.

6. (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.

7. (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.

8. (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:

   1. (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.
   2. (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.
   3. (iii) A written explanation of patients' and residents' right to appoint a health care agent shall be posted in conspicuous areas in each facility.
   4. (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.
   5. (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.

(a) Definitions.