Assembly Bill A2463A

2017-2018 Legislative Session

Relates to rights of residents of adult care facilities

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Social Services 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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Bill Amendments

co-Sponsors

2017-A2463 - Details

See Senate Version of this Bill:
S1102
Current Committee:
Senate Social Services
Law Section:
Social Services Law
Laws Affected:
Amd §461-d, Soc Serv L
Versions Introduced in Other Legislative Sessions:
2009-2010: A9551
2011-2012: A595
2013-2014: A2695, S5893
2015-2016: A2283, S718
2019-2020: A1084, S874

2017-A2463 - Summary

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

2017-A2463 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2463
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 20, 2017
                                ___________
 
 Introduced by M. of A. GOTTFRIED, DINOWITZ, ROSENTHAL, SEPULVEDA -- read
   once and referred to the Committee on Health
 
 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:

   Section  1.  Section 2 of the social services law is amended by adding
 two new subdivisions 39 and 40 to read as follows:
   39. RESIDENT REPRESENTATIVE MEANS A  FAMILY  MEMBER  OR  OTHER  PERSON
 DESIGNATED  BY  A RESIDENT OF AN ADULT HOME, ENRICHED HOUSING PROGRAM OR
 RESIDENCE FOR ADULTS IN THE ADMISSIONS AGREEMENT TO ADVOCATE  ON  BEHALF
 OF  THE  RESIDENT. THE ADMISSIONS AGREEMENT SHALL BE AMENDED AT ANY TIME
 AT THE REQUEST OF THE RESIDENT TO DESIGNATE OR CHANGE A RESIDENT  REPRE-
 SENTATIVE.
   40.  LEGAL  REPRESENTATIVE  MEANS A PERSON AUTHORIZED UNDER APPLICABLE
 LAW TO TAKE CERTAIN ACTION ON BEHALF OF A RESIDENT  OF  AN  ADULT  HOME,
 ENRICHED  HOUSING  PROGRAM OR RESIDENCE FOR ADULTS. SUCH LEGAL REPRESEN-
 TATIVE MAY INCLUDE, BUT IS NOT LIMITED TO, LEGAL  COUNSEL,  A  COURT-AP-
 POINTED  GUARDIAN,  AN  ATTORNEY-IN-FACT  UNDER  A POWER OF ATTORNEY, AN
 AGENT UNDER A HEALTH CARE PROXY OR  A  REPRESENTATIVE  PAYEE,  DEPENDING
 UPON THE ACTION TO BE TAKEN.
   §  2.  Subdivision  3  of  section 461-d of the social services law is
 amended by adding three new paragraphs (l),  (m)  and  (n)  to  read  as
 follows:
   (L) EVERY RESIDENT SHALL HAVE THE RIGHT TO BE FULLY INFORMED BY HIS OR
 HER  PHYSICIAN,  OR OTHER HEALTH OR MENTAL HEALTH PROVIDER OF HIS OR HER
 MEDICAL CONDITION  AND  PROPOSED  MEDICATION,  TREATMENT  AND  SERVICES,
 UNLESS MEDICALLY CONTRAINDICATED, AND TO REFUSE MEDICATION, TREATMENT OR
 SERVICES AFTER BEING FULLY INFORMED OF THE CONSEQUENCES OF SUCH ACTIONS;
 PROVIDED THAT AN OPERATOR ACTING REASONABLY AND IN GOOD FAITH, SHALL NOT
 BE HELD LIABLE OR PENALIZED FOR COMPLYING WITH THE REFUSAL OF SUCH MEDI-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

co-Sponsors

2017-A2463A (ACTIVE) - Details

See Senate Version of this Bill:
S1102
Current Committee:
Senate Social Services
Law Section:
Social Services Law
Laws Affected:
Amd §461-d, Soc Serv L
Versions Introduced in Other Legislative Sessions:
2009-2010: A9551
2011-2012: A595
2013-2014: A2695, S5893
2015-2016: A2283, S718
2019-2020: A1084, S874

2017-A2463A (ACTIVE) - Summary

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

2017-A2463A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2463--A
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             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:
 
   Section 1. Subdivision 3 of section 461-d of the social  services  law
 is amended by adding two new paragraphs (l) and (m) to read as follows:
   (L)  EVERY  RESIDENT OR, IN THE CASE OF A PERSON WHO LACKS CAPACITY TO
 CONSENT TO HIS OR HER  HEALTH  CARE,  A  PERSON  LEGALLY  AUTHORIZED  TO
 CONSENT  ON  BEHALF  OF  THE  RESIDENT, SHALL HAVE THE RIGHT TO BE FULLY
 INFORMED BY HIS OR HER PHYSICIAN,  OR  OTHER  HEALTH  OR  MENTAL  HEALTH
 PROVIDER OF HIS OR HER MEDICAL CONDITION AND PROPOSED MEDICATION, TREAT-
 MENT AND SERVICES, UNLESS MEDICALLY CONTRAINDICATED, AND TO REFUSE MEDI-
 CATION,  TREATMENT  OR SERVICES AFTER BEING FULLY INFORMED OF THE CONSE-
 QUENCES OF SUCH ACTIONS; PROVIDED THAT AN OPERATOR ACTING REASONABLY AND
 IN GOOD FAITH, SHALL NOT BE HELD LIABLE OR PENALIZED FOR COMPLYING  WITH
 THE  REFUSAL OF SUCH MEDICATION, TREATMENT OR SERVICES BY A RESIDENT OR,
 IN THE CASE OF A PERSON WHO LACKS CAPACITY TO  CONSENT  TO  HIS  OR  HER
 HEALTH  CARE,  A  PERSON  LEGALLY AUTHORIZED TO CONSENT ON BEHALF OF THE
 RESIDENT, WHO HAS BEEN  FULLY  INFORMED  OF  THE  CONSEQUENCES  OF  SUCH
 REFUSAL.
   (M)  EVERY  RESIDENT OR, IN THE CASE OF A PERSON WHO LACKS CAPACITY TO
 CONSENT TO HIS OR HER  HEALTH  CARE,  A  PERSON  LEGALLY  AUTHORIZED  TO
 CONSENT  ON  BEHALF  OF THE RESIDENT, SHALL HAVE THE RIGHT TO CHOOSE THE
 RESIDENT'S OWN HEALTH CARE PROVIDERS FOR SERVICES NOT COVERED BY HIS  OR
 HER  ADMISSION  AGREEMENT,  SUBJECT  TO  LIMITATIONS THAT MAY APPLY AS A
 RESULT OF A RESIDENT'S THIRD PARTY PAYOR COVERAGE.
   § 2. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

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