Bill Text: NY A02857 | 2009-2010 | General Assembly | Introduced
Bill Title: Requires that no residential health care facility restrict access to the facility by family members, guardians, friends, legal representatives, or representatives of community organizations who provide assistance in resolving problems and complaints concerning care and treatment; provides for common area for visiting and a visiting period except in extraordinary circumstances (such as health emergencies), of at least 10 hours within a 24-hour period, including at least two meal periods; requires written record upon denial of access to be maintained; imposes civil penalty not to exceed fifty dollars for each day such access was denied.
Spectrum: Partisan Bill (Democrat 11-0)
Status: (Introduced - Dead) 2010-01-26 - reported referred to codes [A02857 Detail]
Download: New_York-2009-A02857-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
2857
2009-2010 Regular Sessions
I N A S S E M B L Y
January 21, 2009
___________
Introduced by M. of A. WEINSTEIN, LANCMAN, GOTTFRIED -- Multi-Sponsored
by -- M. of A. CLARK, COOK, GANTT, GLICK, HIKIND, McENENY, PAULIN --
read once and referred to the Committee on Health
AN ACT to amend the public health law, in relation to confidential
visits with patients of residential health care facilities
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Paragraph l of subdivision 3 of section 2803-c of the
2 public health law, as amended by chapter 719 of the laws of 1989, is
3 amended to read as follows:
4 1. (I) Pursuant to regulations promulgated by the commissioner, no
5 facility or individual and no general hospital providing medical care to
6 persons having been admitted from such facilities or from adult care
7 facilities covered by the provisions of section four hundred sixty-one-b
8 of the social services law, or to applicants for readmission to such
9 facilities or to adult care facilities covered by the provisions of
10 section four hundred sixty-one-b of the social services law, shall
11 restrict or prohibit the access to the facility or general hospital nor
12 interfere with the performance of the official duties, including confi-
13 dential visits with residents, of duly designated persons participating
14 in the long term care ombudsman program as provided for in [sections
15 five hundred forty-four and five hundred forty-five] SECTION TWO HUNDRED
16 EIGHTEEN of the [executive] ELDER law.
17 (II) IN ADDITION, NO FACILITY WHICH PROVIDES RESIDENTIAL HEALTH CARE
18 AND SERVICES FOR RESIDENT PATIENTS SHALL RESTRICT OR PROHIBIT THE ACCESS
19 TO THE FACILITY NOR INTERFERE WITH CONFIDENTIAL VISITS WITH PATIENTS BY:
20 (A) FAMILY MEMBERS, GUARDIANS, FRIENDS OF AN INDIVIDUAL PATIENT, AND
21 LEGAL REPRESENTATIVES, LEGAL COUNSELS AND CASE MANAGERS.
22 (B) AN EMPLOYEE OR REPRESENTATIVE OF ANY PUBLIC OR PRIVATE
23 NOT-FOR-PROFIT CORPORATION, COMMUNITY ORGANIZATION OR ASSOCIATION WHOSE
24 PRIMARY PURPOSES FOR VISITING INCLUDE ASSISTING PATIENTS IN RESOLVING
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06359-01-9
A. 2857 2
1 PROBLEMS AND COMPLAINTS CONCERNING THEIR CARE AND TREATMENT, AND IN
2 SECURING ADEQUATE SERVICES TO MEET THEIR NEEDS. THE OPERATOR SHALL MAKE
3 AVAILABLE A COMMON AREA OF THE FACILITY FOR SUCH VISITS.
4 (III) PERSONS ASSURED ACCESS TO A RESIDENTIAL HEALTH CARE FACILITY
5 PURSUANT TO CLAUSE (B) OF SUBPARAGRAPH (II) OF THIS PARAGRAPH SHALL NOT
6 ENTER THE LIVING AREA OF ANY PATIENT WITHOUT IDENTIFYING THEMSELVES TO
7 THE PATIENT STATING THE PURPOSE OF THE VISIT, AND RECEIVING THE PERMIS-
8 SION OF THE PATIENT AND THE PATIENT'S ROOMMATE TO ENTER THE LIVING AREA.
9 (IV) INDIVIDUAL PATIENTS SHALL HAVE THE RIGHT TO TERMINATE OR DENY ANY
10 VISIT TO THEM BY PERSONS ASSURED ACCESS TO THE FACILITY PURSUANT TO THIS
11 PARAGRAPH.
12 (V) VISITS BY INDIVIDUALS ASSURED ACCESS TO RESIDENTIAL HEALTH CARE
13 FACILITIES PURSUANT TO CLAUSES (A) AND (B) OF SUBPARAGRAPH (II) OF THIS
14 PARAGRAPH SHALL BE PERMITTED, EXCEPT IN EXTRAORDINARY CIRCUMSTANCES SUCH
15 AS HEALTH EMERGENCIES, DURING VISITING HOURS ENCOMPASSING AT LEAST TEN
16 HOURS WITHIN A TWENTY-FOUR HOUR PERIOD, INCLUDING AT LEAST TWO MEAL
17 PERIODS, UNLESS EXTENDED BY ARRANGEMENT WITH THE FACILITY.
18 (VI) NOTWITHSTANDING ANY PROVISION OF SUBPARAGRAPH (II) OF THIS PARA-
19 GRAPH, THE OPERATOR OF A RESIDENTIAL HEALTH CARE FACILITY MAY RESTRICT
20 OR PROHIBIT ACCESS TO THE FACILITY OR INTERFERE WITH CONFIDENTIAL VISITS
21 WITH PATIENTS BY INDIVIDUALS WHO THE OPERATOR HAS REASONABLE CAUSE TO
22 BELIEVE WOULD DIRECTLY ENDANGER THE SAFETY OF SUCH PATIENTS.
23 (VII) WHENEVER AN INDIVIDUAL IS DENIED ACCESS PURSUANT TO SUBPARAGRAPH
24 (VI) OF THIS PARAGRAPH THE OPERATOR MUST RECORD A DETAILED WRITTEN
25 STATEMENT DESCRIBING THE REASONS FOR DENIAL OF ACCESS TO ANY SUCH INDI-
26 VIDUAL. THIS STATEMENT SHALL BE MAINTAINED BY THE FACILITY AND BE ACCES-
27 SIBLE TO PATIENTS, PERSONS DENIED ACCESS AND THE DEPARTMENT.
28 (VIII) IF THE OPERATOR OF A FACILITY DENIES ACCESS PURSUANT TO SUBPAR-
29 AGRAPH (VI) OF THIS PARAGRAPH, THE PERSON DENIED ACCESS MAY BRING AN
30 ACTION IN SUPREME COURT IN THE COUNTY IN WHICH THE FACILITY IS LOCATED
31 FOR AN ORDER GRANTING SUCH PERSON ACCESS TO THE FACILITY. IF THE COURT
32 FINDS THAT SUCH DENIAL WAS MADE IN BAD FAITH, THE OPERATOR OF THE FACIL-
33 ITY SHALL BE LIABLE FOR ALL COSTS, INCLUDING REASONABLE ATTORNEY'S FEES,
34 AND THE COURT MAY, IN ITS DISCRETION, ASSESS A CIVIL PENALTY NOT TO
35 EXCEED FIFTY DOLLARS PER DAY FOR EACH DAY SUCH ACCESS WAS DENIED.
36 S 2. This act shall take effect on the sixtieth day after it shall
37 have become a law.
