Bill Text: NY S06204 | 2021-2022 | General Assembly | Introduced

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Bill Title: Requires residential health care facilities to document the reason for an individual requesting a voluntary transfer or discharge.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2021-06-11 - SIGNED CHAP.138 [S06204 Detail]

Download: New_York-2021-S06204-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          6204

                               2021-2022 Regular Sessions

                    IN SENATE

                                     April 15, 2021
                                       ___________

        Introduced  by  Sen.  RIVERA -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules

        AN ACT to amend the public health law, in relation to requiring residen-
          tial health care facilities to document the reason for  an  individual
          requesting  a  voluntary transfer or discharge; and to amend a chapter
          of the laws of 2021 relating  to  establishing  requirements  for  the
          transfer,  discharge  and  voluntary discharge from residential health
          care facilities, in relation to the effectiveness thereof

          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 2803-z of the public health law,
     2  as added by a chapter of the laws of 2021, amending  the  public  health
     3  law  relating  to  establishing requirements for the transfer, discharge
     4  and voluntary discharge from  residential  health  care  facilities,  as
     5  proposed  in  legislative  bills numbers S. 3058 and A. 3919, is amended
     6  and a new subdivision 4 is added to read as follows:
     7    3. A residential health care facility shall not compel or  attempt  to
     8  compel  an  individual  to  voluntarily  transfer  or discharge from the
     9  facility.   In the event  a  resident  seeks  a  voluntary  transfer  or
    10  discharge,  the  facility  shall  document,  as  part  of the resident's
    11  medical records, the reason  the  resident  is  seeking  a  transfer  or
    12  discharge.  If  the  resident declines to provide a reason, the facility
    13  shall document that in the resident's medical record.
    14    4. Nothing in this section shall diminish a resident's rights to inde-
    15  pendent personal decisions and knowledge of available choices, nor shall
    16  it diminish the facility's responsibility to encourage and assist in the
    17  fullest possible exercise of those rights  under  section  two  thousand
    18  eight hundred three-c of this article, or other applicable law.
    19    § 2. Section 3 of a chapter of the laws of 2021 relating to establish-
    20  ing  requirements  for  the  transfer, discharge and voluntary discharge

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01778-02-1
        S. 6204                             2

     1  from residential health care  facilities,  as  proposed  in  legislative
     2  bills numbers S. 3058 and A. 3919, is amended to read as follows:
     3    §  3.  This  act  shall take effect [immediately] on the ninetieth day
     4  after it shall have become a law.
     5    § 3. This act shall take effect on the  same  date  and  in  the  same
     6  manner  as a chapter of the laws of 2021, amending the public health law
     7  relating to establishing requirements for the  transfer,  discharge  and
     8  voluntary discharge from residential health care facilities, as proposed
     9  in legislative bills numbers S. 3058 and A. 3919, takes effect.