Bill Text: NY S05893 | 2013-2014 | General Assembly | Amended
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 1-0)
Status: (Introduced - Dead) 2014-01-08 - REFERRED TO SOCIAL SERVICES [S05893 Detail]
Download: New_York-2013-S05893-Amended.html
S T A T E O F N E W Y O R K
________________________________________________________________________
5893--A
2013-2014 Regular Sessions
I N S E N A T E
June 19, 2013
___________
Introduced by Sen. RIVERA -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules -- 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. Section 2 of the social services law is amended by adding
2 two new subdivisions 39 and 40 to read as follows:
3 39. RESIDENT REPRESENTATIVE MEANS A FAMILY MEMBER OR OTHER PERSON
4 DESIGNATED BY A RESIDENT OF AN ADULT HOME, ENRICHED HOUSING PROGRAM OR
5 RESIDENCE FOR ADULTS IN THE ADMISSIONS AGREEMENT TO ADVOCATE ON BEHALF
6 OF THE RESIDENT. THE ADMISSIONS AGREEMENT SHALL BE AMENDED AT ANY TIME
7 AT THE REQUEST OF THE RESIDENT TO DESIGNATE OR CHANGE A RESIDENT REPRE-
8 SENTATIVE.
9 40. LEGAL REPRESENTATIVE MEANS A PERSON AUTHORIZED UNDER APPLICABLE
10 LAW TO TAKE CERTAIN ACTION ON BEHALF OF A RESIDENT OF AN ADULT HOME,
11 ENRICHED HOUSING PROGRAM OR RESIDENCE FOR ADULTS. SUCH LEGAL REPRESEN-
12 TATIVE MAY INCLUDE, BUT IS NOT LIMITED TO, LEGAL COUNSEL, A COURT-AP-
13 POINTED GUARDIAN, AN ATTORNEY-IN-FACT UNDER A POWER OF ATTORNEY, AN
14 AGENT UNDER A HEALTH CARE PROXY OR A REPRESENTATIVE PAYEE, DEPENDING
15 UPON THE ACTION TO BE TAKEN.
16 S 2. Subdivision 3 of section 461-d of the social services law is
17 amended by adding three new paragraphs (l), (m) and (n) to read as
18 follows:
19 (L) EVERY RESIDENT SHALL HAVE THE RIGHT TO BE FULLY INFORMED BY HIS OR
20 HER PHYSICIAN, OR OTHER HEALTH OR MENTAL HEALTH PROVIDER OF HIS OR HER
21 MEDICAL CONDITION AND PROPOSED MEDICATION, TREATMENT AND SERVICES,
22 UNLESS MEDICALLY CONTRAINDICATED, AND TO REFUSE MEDICATION, TREATMENT OR
23 SERVICES AFTER BEING FULLY INFORMED OF THE CONSEQUENCES OF SUCH ACTIONS;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01436-03-3
S. 5893--A 2
1 PROVIDED THAT AN OPERATOR ACTING REASONABLY AND IN GOOD FAITH, SHALL NOT
2 BE HELD LIABLE OR PENALIZED FOR COMPLYING WITH THE REFUSAL OF SUCH MEDI-
3 CATION, TREATMENT OR SERVICES BY A RESIDENT WHO HAS BEEN FULLY INFORMED
4 OF THE CONSEQUENCES OF SUCH REFUSAL.
5 (M) EVERY RESIDENT SHALL HAVE THE RIGHT TO CHOOSE HIS OR HER OWN
6 HEALTH CARE PROVIDERS FOR SERVICES NOT COVERED BY HIS OR HER ADMISSION
7 AGREEMENT, SUBJECT TO LIMITATIONS THAT MAY APPLY AS A RESULT OF A RESI-
8 DENT'S THIRD PARTY PAYOR COVERAGE.
9 (N) EVERY RESIDENT SHALL HAVE THE RIGHT TO CHOOSE HIS OR HER OWN LEGAL
10 REPRESENTATIVE AND HIS OR HER OWN RESIDENT REPRESENTATIVE.
11 S 3. This act shall take effect on the thirtieth day after it shall
12 have become a law.
