S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    874
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              January 9, 2019
                                ___________
 
 Introduced by Sens. RIVERA, KRUEGER, SEPULVEDA -- read twice and ordered
   printed, and when printed to be committed 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.  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
                       [ ] is old law to be omitted.
                                                            LBD03365-01-9