NY State Senate Bill 2015-S3634A

Senate Bill S3634A

2015-2016 Legislative Session

Relates to the creation of a bill of rights for family and guardians of people with developmental disabilities that reside in residences certified or approved by the OPWDD

download bill text pdf

Archive: Last Bill Status - In Senate Committee Mental Health And Developmental Disabilities Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to mental health and developmental disabilities
Apr 06, 2015	print number 3634a
Apr 06, 2015	amend and recommit to mental health and developmental disabilities
Feb 13, 2015	referred to mental health and developmental disabilities

Bill Amendments

Original

A (Active)

2015-S3634 - Details

See Assembly Version of this Bill:: A424
Current Committee:: Senate Mental Health And Developmental Disabilities
Law Section:: Mental Hygiene Law
Laws Affected:: Add §13.04, Ment Hyg L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S5223, A7312
2017-2018: S1157, A5482
2019-2020: S3789, A3150
2021-2022: S6695, A6069

2015-S3634 - Summary

Relates to the creation of a bill of rights for family and guardians of people with developmental disabilities that reside in residences certified or approved by the office for people with developmental disabilities.

2015-S3634 - Sponsor Memo

                                BILL NUMBER:S3634

TITLE OF BILL:  An act to amend the mental hygiene law, in relation to
creating a bill of rights for family and guardians of people with
developmental disabilities that reside in residences certified or
approved by the office for people with developmental disabilities

PURPOSE OF BILL:

The bill creates a bill of rights for family members and guardians of
people with developmental disabilities.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of the bill amends the mental hygiene law by adding a new
section 13.04 to create a bill of rights for qualified family members
and guardians of individuals with developmental disabilities who
receive services from providers who are certified or approved by the
office for people with developmental disabilities (OPWDD).

The bill of rights enumerates several rights of family members and
guardians to access information. These rights include: access to a
residence's fire safety plan, meal menus, notification of an event
that directly impacts the health and safety of an individual, the
right to receive information necessary to make informed decisions
about the care of an individual, the right to have meaningful

participation and input into the plan of care and the right to be
advised in writing of any laws, regulations or rules that apply to a
family member or guardian's ability to access information or
participate in decisions about the individual's life.

The bill also respects that an individual with disabilities may want
to limit the involvement of a family member by qualifying, that rights
to access to information, coordination of care, etc. will be limited
if the individual with disabilities has stated that they do not wish a
family member to be involved.

Access to information will also be in compliance with federal and
state confidentiality protections to protect the health information of
other individuals with developmental disabilities.

A qualified family member includes a parent, spouse, adult sibling,
and the adult child of an individual with disabilities.

Section 2 is the effective date.

JUSTIFICATION:

Family advocates have expressed growing frustration with the lack of
access to information regarding the care of a loved one residing in
residences certified or approved by OPWDD. Parents, family members and
guardians are frustrated by the lack of family input on placement
decisions, and the lack of notification or access to events and
information regarding the health and safety of their family member.

As New York State moves towards a managed health care system, parents
are concerned about what this will mean for their children with


developmental disabilities. These concerns include whether this
transition will result in reduced communication with, and less
transparency from the managed care entities. Accordingly, parent
advocates have expressed the need for input in choosing a care
coordinator, making sure there is a program to advocate on behalf of
their family member's needs, and "access" to information that is
needed to make informed decisions. The rights enumerated in this bill
will ensure that family members and guardians have access to important
information about the care being provided for their developmentally
disabled family member.

LEGISLATIVE HISTORY:

New bill. S.5223. Amend and recommit to Finance.

FISCAL IMPLICATIONS:

To be determined.

EFFECTIVE DATE:

This act shall take effect immediately.

2015-S3634 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3634

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 13, 2015
                               ___________

Introduced  by  Sen.  ORTT  --  read twice and ordered printed, and when
  printed to be committed to the Committee on Mental Health and Develop-
  mental Disabilities

AN ACT to amend the mental hygiene law, in relation to creating  a  bill
  of  rights for family and guardians of people with developmental disa-
  bilities that reside in residences certified or approved by the office
  for people with developmental disabilities

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The mental hygiene law is amended by adding a new section
13.04 to read as follows:
S 13.04 FAMILY BILL OF RIGHTS AND PRIVILEGES.
  (A) THE PRINCIPLES IN THE BILL OF RIGHTS AND PRIVILEGES SET  FORTH  IN
THIS SECTION ARE DECLARED TO BE  THE PUBLIC POLICY OF THE STATE.
  (B) FOR PURPOSES OF THIS SECTION:
  (1)  "QUALIFIED PERSONAL REPRESENTATIVE" MEANS A SPOUSE, PARENT, ADULT
CHILD, ADULT SIBLING, LEGAL GUARDIAN OR PERSONAL  REPRESENTATIVE  OF  AN
INDIVIDUAL  WITH  DEVELOPMENTAL  DISABILITIES  WHO IS RECEIVING SERVICES
FROM A COVERED PROVIDER.
  (2) "COVERED PROVIDER" MEANS AND INCLUDES ANY ENTITY, PROVIDING  RESI-
DENTIAL SERVICES OR NON-RESIDENTIAL  SERVICES OR PROGRAMS TO ONE OR MORE
PERSONS  WITH  A DEVELOPMENTAL DISABILITY, THAT IS LICENSED, OPERATED OR
CERTIFIED BY THE OFFICE.
  (C) IN ADDITION TO ALL OTHER RIGHTS AND PRIVILEGES UNDER LAW, A QUALI-
FIED PERSONAL REPRESENTATIVE SHALL HAVE THE FOLLOWING RIGHTS AND  PRIVI-
LEGES  SET FORTH BELOW (THE "FAMILY BILL OF RIGHTS AND PRIVILEGES") WITH
RESPECT TO THEIR INDIVIDUAL FAMILY MEMBERS WITH DEVELOPMENTAL  DISABILI-
TIES.
                 "FAMILY BILL OF RIGHTS AND PRIVILEGES"

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03401-01-5

S. 3634                             2

  A  QUALIFIED PERSONAL REPRESENTATIVE SHALL HAVE THE FOLLOWING GENERAL-
LY-DESCRIBED RIGHTS AND  PRIVILEGES  CONCERNING  A  FAMILY  MEMBER  WITH
DEVELOPMENTAL DISABILITIES RECEIVING SERVICES; TO:
  BE TREATED WITH CONSIDERATION AND RESPECT.
  PARTICIPATE  IN  AND  PROVIDE  MEANINGFUL  INPUT INTO THE DEVELOPMENT,
REVIEW AND REVISION OF THE INDIVIDUAL'S CARE PLAN,  INCLUDING  PLACEMENT
OR TRANSFER WITHIN OR BETWEEN FACILITIES.
  ACCESS  INFORMATION  REGARDING  THE  INDIVIDUAL'S  HEALTH  AND SAFETY,
CONSISTENT WITH FEDERAL AND STATE CONFIDENTIALITY PROTECTIONS.
  BE NOTIFIED WITHIN A  REASONABLE  TIME  OF  ANY  EVENT  THAT  DIRECTLY
IMPACTS  THE INDIVIDUAL'S HEALTH AND SAFETY, CONSISTENT WITH FEDERAL AND
STATE CONFIDENTIALITY PROTECTIONS.
  ACCESS INFORMATION NECESSARY FOR A QUALIFIED  PERSONAL  REPRESENTATIVE
TO  MAKE  INFORMED  DECISIONS,  WHEN APPROPRIATE, ABOUT THE INDIVIDUAL'S
CARE AND CARE COORDINATION.
  FINANCIAL TRANSPARENCY, INCLUDING ACCESS TO BUDGETARY  INFORMATION  OF
THE  FACILITY AND INDIVIDUAL EXPENSES, CONSISTENT WITH FEDERAL AND STATE
CONFIDENTIALITY PROTECTIONS.
  VISIT UNANNOUNCED.
  BE INFORMED OF STAFFING CHANGES.
  ACCESS A FACILITY'S FIRE AND OTHER SAFETY PLANS  AND  ANY  INFORMATION
REGARDING A FACILITY'S PASSAGE OR FAILURE OF ANY SAFETY DRILLS CONDUCTED
BY THE FACILITY AND THE OFFICE.
  ACCESS A FACILITY'S FOOD MENUS.
  CHOOSE A CARE COORDINATOR.
  CONSULT  AND BE REPRESENTED BY AN INDEPENDENT ADVOCATE, MENTAL HYGIENE
LEGAL SERVICES OR AN ATTORNEY; AND IF SERVICES ARE PROVIDED UNDER  MEDI-
CAID MANAGED CARE, TO HAVE A MEDICAID OMBUDSMAN.
  BE  INFORMED  IN WRITING IN PLAIN LANGUAGE WITH UP-TO-DATE INFORMATION
ABOUT:
  (I) THE SYSTEM OF CARE AND SERVICES  FOR  PERSONS  WITH  DEVELOPMENTAL
DISABILITIES, INCLUDING BUT NOT LIMITED TO MANAGED CARE;
  (II)  THE  LAWS,  RULES,  AND  REGULATIONS APPLICABLE TO THE RIGHTS OF
FAMILY MEMBERS AND OTHER  PERSONAL  REPRESENTATIVES  TO  PARTICIPATE  IN
DECISIONS  ABOUT  THE  INDIVIDUAL'S  LIFE  AND  TO  ACCESS  INFORMATION,
RECORDS, REPORTS, CARE PLANS, ETC.; AND
  (III) THE PROCEDURES TO CHALLENGE ANY DECISION AFFECTING THE  INDIVID-
UAL.
  NOTHING  IN  THIS  BILL OF RIGHTS AND PRIVILEGES SHALL LIMIT ANY OTHER
RIGHT OR PRIVILEGE UNDER LAW. IF ANY RESIDENTIAL FACILITY  OR  NON-RESI-
DENTIAL  SERVICE  PROVIDER  FAILS TO AFFORD THESE RIGHTS AND PRIVILEGES,
ASSISTANCE MAY BE SOUGHT FROM THE FACILITY OR PROVIDER, OR THE OFFICE.
  (D) A QUALIFIED PERSONAL REPRESENTATIVE MAY, IN  ACCORDANCE  WITH  LAW
AND APPROPRIATE DUE PROCESS, NOT EXERCISE A RIGHT OR PRIVILEGE DESCRIBED
IN  THIS  SECTION  IF  THE SUBJECT INDIVIDUAL RECEIVING SERVICES, WHO IS
COMPETENT TO DO SO, SPECIFICALLY AFFIRMS, IN A REASONABLY  CONTEMPORANE-
OUS  MANNER,  THAT  SUCH  IDENTIFIED   QUALIFIED PERSONAL REPRESENTATIVE
SHALL NOT BE AFFORDED SUCH SPECIFIC RIGHT OR  PRIVILEGE.  SUCH  DETERMI-
NATION  BY  THE  SUBJECT  INDIVIDUAL  SHALL BE DESCRIBED AND RECORDED IN
WRITING IN THE CASE FILE BY APPROPRIATE STAFF OF THE FACILITY OR SERVICE
PROVIDER AND A STATEMENT OF REASONS FOR SUCH DENIAL SHALL BE PROVIDED TO
THE QUALIFIED PERSONAL REPRESENTATIVE.
  (E) THE STATEMENT OF RIGHTS AND PRIVILEGES SET FORTH IN  THIS  SECTION
IS  INTENDED  TO  BE A GUIDE TO   THE RIGHTS AND PRIVILEGES OF QUALIFIED
PERSONAL REPRESENTATIVES OF INDIVIDUALS WITH DEVELOPMENTAL  DISABILITIES
RECEIVING RESIDENTIAL AND NON-RESIDENTIAL SERVICES.

S. 3634                             3

  (F) NOTHING IN THIS SECTION SHALL BE READ TO LIMIT ANY OTHER RIGHTS OR
PRIVILEGES THAT QUALIFIED PERSONAL REPRESENTATIVES MAY HAVE OR LIMIT ANY
ACTION  OR  RELIEF OTHERWISE PERMITTED BY LAW. NOTHING IN THIS  SUBDIVI-
SION SHALL ALTER OR AFFECT ANY RIGHT OF  APPEAL,  FORMAL  OR  OTHERWISE,
SUCH PERSONAL REPRESENTATIVE MAY HAVE  CONCERNING THE DENIAL OF ANY SUCH
RIGHT.
  (G)  EACH  PROVIDER  SHALL  CONSPICUOUSLY  POST  A COPY OF THE BILL OF
RIGHTS AND PRIVILEGES IN A PUBLIC  PLACE  AT  THE  LOCATIONS  WHERE  THE
PROVIDER PROVIDES SERVICES.
  (H) THE COMMISSIONER SHALL:
  (1)  POST  A COPY OF THE BILL OF RIGHTS AND PRIVILEGES ON THE OFFICE'S
WEBSITE;
  (2) MAKE COPIES OF THE BILL OF RIGHTS AND PRIVILEGES IN  ENGLISH,  AND
THE  TOP SIX LANGUAGES OTHER THAN ENGLISH SPOKEN IN THE STATE (ACCORDING
TO THE LATEST AVAILABLE DATA FROM THE U.S. BUREAU OF CENSUS)   AVAILABLE
TO THE PUBLIC AND EVERY PROVIDER;
  (3)  ESTABLISH  A  PUBLIC  EDUCATION  PROGRAM  DESIGNED TO DISSEMINATE
INFORMATION REGARDING  IMPLEMENTATION OF THIS SECTION;
  (4) INCLUDE SPECIFIC INFORMATION DETAILING THE EFFORTS OF THE  COMMIS-
SIONER  TO  EFFECTUATE  THIS SECTION IN THE STATEWIDE COMPREHENSIVE PLAN
REQUIRED PURSUANT TO SECTION 5.07 OF THIS CHAPTER;
  (5) ADOPT ALL RULES  AND  REGULATIONS  NECESSARY  TO  EFFECTUATE  THIS
SECTION.
  S 2. This act shall take effect immediately.

2015-S3634A (ACTIVE) - Details

See Assembly Version of this Bill:: A424
Current Committee:: Senate Mental Health And Developmental Disabilities
Law Section:: Mental Hygiene Law
Laws Affected:: Add §13.04, Ment Hyg L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S5223, A7312
2017-2018: S1157, A5482
2019-2020: S3789, A3150
2021-2022: S6695, A6069

2015-S3634A (ACTIVE) - Summary

2015-S3634A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S3634A

TITLE OF BILL:

An act to amend the mental hygiene law, in relation to creating a bill
of rights for family and guardians of people with developmental
disabilities that reside in residences certified or approved by the
office for people with developmental disabilities

PURPOSE OF BILL:

The bill creates a "Family Bill of Rights and Privileges" for
qualified personal representatives of an individual with developmental
disabilities.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of the bill amends the mental hygiene law by adding a new
section 13.04 to create a "Family Bill of Rights and Privileges" for
qualified personal representatives of individuals with developmental
disabilities who receive services from a covered provider.

A "qualified personal representative" means a spouse, parent, adult
child, adult sibling, legal guardian or personal representative of an
individual with disabilities who is receiving services from a covered
provider. A covered provider means and includes any entity, providing

residential services or non-residential services or programs to one or
more persons with a developmental disability that is licensed,
operated or certified by the office for people with developmental
disabilities (OPWDD).

Section 1 provides that in addition to all other rights and privileges
under law, a qualified personal representative shall have the
generally-described rights and privileges set forth, including to:

1. Participate in and provide meaningful input into the development,
review and revision of the individual's care plan.

2. Access information regarding the individual's health and safety,
consistent with federal and state confidentiality protections.

3. Be notified within a reasonable time of any event that directly
impacts the individual's health and safety, consistent with federal
and state confidentiality protections.

4. Access information necessary to make informed decisions, when
appropriate, about the individual's care and care coordination.

5. Visit unannounced.

6. Choose a care coordinator.

7. Financial transparency, consistent with federal and state
confidentiality requirements.

8. Be informed of staffing changes.


9. Be informed in writing in plain language with up-to-date
information about the system of care and services for persons with
developmental disabilities; the laws rules and regulations applicable
to the rights of family members and personal representatives to
participate in decisions and access information, records, etc.; and
the procedures to challenge any decision affecting the individual.

An individual receiving services, who is competent to do so, may limit
the rights and privileges afforded a qualified personal representative
as provided in this section.

Nothing in this section shall be read to limit any other rights or
privileges that a qualified representative may have or limit any
action or relief otherwise permitted by law.

Each covered provider shall conspicuously post a copy of the bill of
rights and privileges in a public place at each of the covered
provider's facilities. The commissioner shall post a copy on the
office's website; make copies of the bill in English, and the top six
languages other than English spoken in the state; establish a public
education program to disseminate information regarding implementation
of this section; include information detailing the efforts to
effectuate this section in the statewide comprehensive plan required
pursuant to section 5.07 of this chapter; and adopt all rules and
regulations necessary to effectuate this section.

Section 2 is the effective date.

JUSTIFICATION:

Family advocates have expressed growing frustration with the lack of
access to information regarding the care of a loved one residing in
residences certified or licensed by OPWDD. Parents, family members and
guardians are frustrated by the lack of input on placement decisions,
and the lack of notification or access to events and information
regarding the health and safety of their family member.

As New York State moves towards a managed health care system, parents
are concerned about what this will mean for their children with
developmental disabilities. These concerns include whether this
transition will result in reduced communication with, and less
transparency from the managed care entities. Accordingly, parent
advocates have expressed the need for input in choosing a care
coordinator, making sure there is a program to advocate on behalf of
their family member's needs, and access to information that is needed
to make informed decisions.

The rights and privileges enumerated in this bill will ensure that
family members and legal representatives have access to important
information about the care being provided for their developmentally
disabled family member.

LEGISLATIVE HISTORY:

2013-14: A.7312-D passed
Assembly; same as S.5223-D referred to mental health and developmental
disabilities


FISCAL IMPLICATIONS:

To be determined.

EFFECTIVE DATE:

This act shall take effect immediately.

2015-S3634A (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 3634--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 13, 2015
                               ___________

Introduced  by  Sen.  ORTT  --  read twice and ordered printed, and when
  printed to be committed to the Committee on Mental Health and Develop-
  mental Disabilities -- committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

AN  ACT  to amend the mental hygiene law, in relation to creating a bill
  of rights for family and guardians of people with developmental  disa-
  bilities that reside in residences certified or approved by the office
  for people with developmental disabilities

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The mental hygiene law is amended by adding a  new  section
13.04 to read as follows:
S 13.04 FAMILY BILL OF RIGHTS AND PRIVILEGES.
  (A)  THE  PRINCIPLES IN THE BILL OF RIGHTS AND PRIVILEGES SET FORTH IN
THIS SECTION ARE DECLARED TO BE  THE PUBLIC POLICY OF THE STATE.
  (B) FOR PURPOSES OF THIS SECTION:
  (1) "QUALIFIED PERSONAL REPRESENTATIVE" MEANS A SPOUSE, PARENT,  ADULT
CHILD,  ADULT  SIBLING,  LEGAL GUARDIAN OR PERSONAL REPRESENTATIVE OF AN
INDIVIDUAL WITH DEVELOPMENTAL DISABILITIES  WHO  IS  RECEIVING  SERVICES
FROM A COVERED PROVIDER.
  (2)  "COVERED PROVIDER" MEANS AND INCLUDES ANY ENTITY, PROVIDING RESI-
DENTIAL SERVICES OR NON-RESIDENTIAL  SERVICES OR PROGRAMS TO ONE OR MORE
PERSONS WITH A DEVELOPMENTAL DISABILITY, THAT IS LICENSED,  OPERATED  OR
CERTIFIED BY THE OFFICE.
  (C) IN ADDITION TO ALL OTHER RIGHTS AND PRIVILEGES UNDER LAW, A QUALI-
FIED  PERSONAL REPRESENTATIVE SHALL HAVE THE FOLLOWING RIGHTS AND PRIVI-
LEGES SET FORTH BELOW (THE "FAMILY BILL OF RIGHTS AND PRIVILEGES")  WITH
RESPECT  TO THEIR INDIVIDUAL FAMILY MEMBERS WITH DEVELOPMENTAL DISABILI-
TIES.
                 "FAMILY BILL OF RIGHTS AND PRIVILEGES"

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03401-03-5

S. 3634--A                          2

  A QUALIFIED PERSONAL REPRESENTATIVE SHALL HAVE THE FOLLOWING  GENERAL-
LY-DESCRIBED  RIGHTS  AND  PRIVILEGES  CONCERNING  A  FAMILY MEMBER WITH
DEVELOPMENTAL DISABILITIES RECEIVING SERVICES; TO:
  BE TREATED WITH CONSIDERATION AND RESPECT.
  PARTICIPATE  IN  AND  PROVIDE  MEANINGFUL  INPUT INTO THE DEVELOPMENT,
REVIEW AND REVISION OF THE INDIVIDUAL'S CARE PLAN,  INCLUDING  PLACEMENT
OR TRANSFER WITHIN OR BETWEEN FACILITIES.
  ACCESS  INFORMATION  REGARDING  THE  INDIVIDUAL'S  HEALTH  AND SAFETY,
CONSISTENT WITH FEDERAL AND STATE CONFIDENTIALITY PROTECTIONS.
  BE NOTIFIED WITHIN A  REASONABLE  TIME  OF  ANY  EVENT  THAT  DIRECTLY
IMPACTS  THE INDIVIDUAL'S HEALTH AND SAFETY, CONSISTENT WITH FEDERAL AND
STATE CONFIDENTIALITY PROTECTIONS.
  ACCESS INFORMATION NECESSARY FOR A QUALIFIED  PERSONAL  REPRESENTATIVE
TO  MAKE  INFORMED  DECISIONS,  WHEN APPROPRIATE, ABOUT THE INDIVIDUAL'S
CARE AND CARE COORDINATION.
  FINANCIAL TRANSPARENCY, INCLUDING ACCESS TO BUDGETARY  INFORMATION  OF
THE  FACILITY AND INDIVIDUAL EXPENSES, CONSISTENT WITH FEDERAL AND STATE
CONFIDENTIALITY PROTECTIONS.
  VISIT UNANNOUNCED.
  BE INFORMED OF STAFFING CHANGES.
  ACCESS A FACILITY'S FIRE AND OTHER SAFETY PLANS  AND  ANY  INFORMATION
REGARDING A FACILITY'S PASSAGE OR FAILURE OF ANY SAFETY DRILLS CONDUCTED
BY THE FACILITY AND THE OFFICE.
  ACCESS A FACILITY'S FOOD MENUS.
  CHOOSE A CARE COORDINATOR.
  CONSULT  AND BE REPRESENTED BY AN INDEPENDENT ADVOCATE, MENTAL HYGIENE
LEGAL SERVICES OR AN ATTORNEY; AND IF SERVICES ARE PROVIDED UNDER  MEDI-
CAID MANAGED CARE, TO HAVE A MEDICAID OMBUDSMAN.
  BE  INFORMED  IN WRITING IN PLAIN LANGUAGE WITH UP-TO-DATE INFORMATION
ABOUT:
  (I) THE SYSTEM OF CARE AND SERVICES  FOR  PERSONS  WITH  DEVELOPMENTAL
DISABILITIES, INCLUDING BUT NOT LIMITED TO MANAGED CARE;
  (II)  THE  LAWS,  RULES,  AND  REGULATIONS APPLICABLE TO THE RIGHTS OF
FAMILY MEMBERS AND OTHER  PERSONAL  REPRESENTATIVES  TO  PARTICIPATE  IN
DECISIONS  ABOUT  THE  INDIVIDUAL'S  LIFE  AND  TO  ACCESS  INFORMATION,
RECORDS, REPORTS, CARE PLANS, ETC.; AND
  (III) THE PROCEDURES TO CHALLENGE ANY DECISION AFFECTING THE  INDIVID-
UAL.
  NOTHING  IN  THIS  BILL OF RIGHTS AND PRIVILEGES SHALL LIMIT ANY OTHER
RIGHT OR PRIVILEGE UNDER LAW. IF ANY RESIDENTIAL FACILITY  OR  NON-RESI-
DENTIAL  SERVICE  PROVIDER  FAILS TO AFFORD THESE RIGHTS AND PRIVILEGES,
ASSISTANCE MAY BE SOUGHT FROM THE FACILITY OR PROVIDER, OR THE OFFICE.
  (D) A QUALIFIED PERSONAL REPRESENTATIVE MAY, IN  ACCORDANCE  WITH  LAW
AND APPROPRIATE DUE PROCESS, NOT EXERCISE A RIGHT OR PRIVILEGE DESCRIBED
IN  THIS  SECTION  IF  THE SUBJECT INDIVIDUAL RECEIVING SERVICES, WHO IS
COMPETENT TO DO SO, SPECIFICALLY AFFIRMS, IN A REASONABLY  CONTEMPORANE-
OUS  MANNER,  THAT  SUCH  IDENTIFIED   QUALIFIED PERSONAL REPRESENTATIVE
SHALL NOT BE AFFORDED SUCH SPECIFIC RIGHT OR  PRIVILEGE.  SUCH  DETERMI-
NATION  BY  THE  SUBJECT  INDIVIDUAL  SHALL BE DESCRIBED AND RECORDED IN
WRITING IN THE CASE FILE BY APPROPRIATE STAFF OF THE FACILITY OR SERVICE
PROVIDER AND A STATEMENT OF REASONS FOR SUCH DENIAL SHALL BE PROVIDED TO
THE QUALIFIED PERSONAL REPRESENTATIVE.
  (E) THE STATEMENT OF RIGHTS AND PRIVILEGES SET FORTH IN  THIS  SECTION
IS  INTENDED  TO  BE A GUIDE TO   THE RIGHTS AND PRIVILEGES OF QUALIFIED
PERSONAL REPRESENTATIVES OF INDIVIDUALS WITH DEVELOPMENTAL  DISABILITIES
RECEIVING RESIDENTIAL AND NON-RESIDENTIAL SERVICES.

S. 3634--A                          3

  (F) NOTHING IN THIS SECTION SHALL BE READ TO LIMIT ANY OTHER RIGHTS OR
PRIVILEGES THAT QUALIFIED PERSONAL REPRESENTATIVES MAY HAVE OR LIMIT ANY
ACTION  OR  RELIEF OTHERWISE PERMITTED BY LAW. NOTHING IN THIS  SUBDIVI-
SION SHALL ALTER OR AFFECT ANY RIGHT OF  APPEAL,  FORMAL  OR  OTHERWISE,
SUCH PERSONAL REPRESENTATIVE MAY HAVE  CONCERNING THE DENIAL OF ANY SUCH
RIGHT.
  (G)  EACH COVERED PROVIDER SHALL CONSPICUOUSLY POST A COPY OF THE BILL
OF RIGHTS AND PRIVILEGES IN A  PUBLIC  PLACE  AT  EACH  OF  THE  COVERED
PROVIDER'S FACILITIES.
  (H) THE COMMISSIONER SHALL:
  (1)  POST  A COPY OF THE BILL OF RIGHTS AND PRIVILEGES ON THE OFFICE'S
WEBSITE;
  (2) MAKE COPIES OF THE BILL OF RIGHTS AND PRIVILEGES IN  ENGLISH,  AND
THE  TOP SIX LANGUAGES OTHER THAN ENGLISH SPOKEN IN THE STATE (ACCORDING
TO THE LATEST AVAILABLE DATA FROM THE U.S. BUREAU OF CENSUS)   AVAILABLE
TO THE PUBLIC AND EVERY PROVIDER;
  (3)  ESTABLISH  A  PUBLIC  EDUCATION  PROGRAM  DESIGNED TO DISSEMINATE
INFORMATION REGARDING  IMPLEMENTATION OF THIS SECTION;
  (4) INCLUDE SPECIFIC INFORMATION DETAILING THE EFFORTS OF THE  COMMIS-
SIONER  TO  EFFECTUATE  THIS SECTION IN THE STATEWIDE COMPREHENSIVE PLAN
REQUIRED PURSUANT TO SECTION 5.07 OF THIS CHAPTER;
  (5) ADOPT ALL RULES  AND  REGULATIONS  NECESSARY  TO  EFFECTUATE  THIS
SECTION.
  S 2. This act shall take effect immediately.

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