Bill Text: NY A02463 | 2017-2018 | General Assembly | Amended

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Bill Title: Relates to rights of residents of adult care facilities; provides that residents have a right to be informed about their condition, treatment and medications.

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Engrossed - Dead) 2018-02-28 - REFERRED TO SOCIAL SERVICES [A02463 Detail]

Download: New_York-2017-A02463-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                         2463--A
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    January 20, 2017
                                       ___________
        Introduced by M. of A. GOTTFRIED, DINOWITZ, ROSENTHAL, SEPULVEDA, D'URSO
          --  read  once  and  referred  to the Committee on Health -- committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee
        AN ACT to amend the social services  law,  in  relation  to  adult  care
          facilities
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Subdivision 3 of section 461-d of the social  services  law
     2  is amended by adding two new paragraphs (l) and (m) to read as follows:
     3    (l)  Every  resident or, in the case of a person who lacks capacity to
     4  consent to his or her  health  care,  a  person  legally  authorized  to
     5  consent  on  behalf  of  the  resident, shall have the right to be fully
     6  informed by his or her physician,  or  other  health  or  mental  health
     7  provider of his or her medical condition and proposed medication, treat-
     8  ment and services, unless medically contraindicated, and to refuse medi-
     9  cation,  treatment  or services after being fully informed of the conse-
    10  quences of such actions; provided that an operator acting reasonably and
    11  in good faith, shall not be held liable or penalized for complying  with
    12  the  refusal of such medication, treatment or services by a resident or,
    13  in the case of a person who lacks capacity to  consent  to  his  or  her
    14  health  care,  a  person  legally authorized to consent on behalf of the
    15  resident, who has been  fully  informed  of  the  consequences  of  such
    16  refusal.
    17    (m)  Every  resident or, in the case of a person who lacks capacity to
    18  consent to his or her  health  care,  a  person  legally  authorized  to
    19  consent  on  behalf  of the resident, shall have the right to choose the
    20  resident's own health care providers for services not covered by his  or
    21  her  admission  agreement,  subject  to  limitations that may apply as a
    22  result of a resident's third party payor coverage.
    23    § 2. This act shall take effect on the thirtieth day  after  it  shall
    24  have become a law.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01017-02-7