NY State Senate Bill 2021-S6695A

Senate Bill S6695A

2021-2022 Legislative Session

Creates a bill of rights for people with developmental disabilities who reside in residences certified or approved by the office for people with developmental disabilities

download bill text pdf

Archive: Last Bill Status - In Senate Committee 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 05, 2022	referred to disabilities
Jun 02, 2021	print number 6695a
Jun 02, 2021	amend (t) and recommit to disabilities
May 12, 2021	referred to disabilities

Bill Amendments

Original

A (Active)

2021-S6695 - Details

See Assembly Version of this Bill:: A6069
Current Committee:: Senate Disabilities
Law Section:: Mental Hygiene Law
Laws Affected:: Add §13.04, Ment Hyg L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S5223, A7312
2015-2016: S3634, A424
2017-2018: S1157, A5482
2019-2020: S3789, A3150

2021-S6695 - Summary

Creates a bill of rights for people with developmental disabilities who reside in residences certified or approved by the office for people with developmental disabilities.

2021-S6695 - Sponsor Memo

                                
 
BILL NUMBER: S6695

SPONSOR: MANNION
 
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 disabil-
ities that reside in residences certified or approved by the office for
people with developmental disabilities

 
PURPOSE OR GENERAL IDEA OF BILL:

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

 
SUMMARY OF 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 general-
ly-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 appro-
priate, about the individual's care and care coordination.
5. Visit unannounced.
6. Choose a care coordinator.
7. Financial transparency, consistent with federal and state confiden-
tiality 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 priv-
ileges 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 provid-
er'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 regard-
ing 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 develop-
mental 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 fami-
ly members and legal representatives have access to important informa-
tion about the care being provided for their developmentally disabled
family member.

 
PRIOR LEGISLATIVE HISTORY:

2019-20: A3150 referred to mental health; same as 53789 (Carlucci)
referred to mental health and developmental disabilities; 2017-18: A5482
referred to mental health; same as S1157 (Ortt) referred to mental
health and developmental disabilities; 2015-16: A424-A passed Assembly;
same as S.3634-A (Ortt) referred to mental health and developmental
disabilities; 2013-14: A.7312-D passed Assembly; same as S5223-D (Ortt)
referred to mental health and developmental disabilities

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S6695 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6695
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               May 12, 2021
                                ___________
 
 Introduced  by  Sen. MANNION -- read twice and ordered printed, and when
   printed to be committed to the Committee on 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:
 § 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"
   A  QUALIFIED PERSONAL REPRESENTATIVE SHALL HAVE THE FOLLOWING GENERAL-
 LY-DESCRIBED RIGHTS AND  PRIVILEGES  CONCERNING  A  FAMILY  MEMBER  WITH
 DEVELOPMENTAL DISABILITIES RECEIVING SERVICES; TO:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD01457-01-1

 S. 6695                             2
 
   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.
   (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-

 S. 6695                             3
 
 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.
   § 2. This act shall take effect immediately.

2021-S6695A (ACTIVE) - Details

See Assembly Version of this Bill:: A6069
Current Committee:: Senate Disabilities
Law Section:: Mental Hygiene Law
Laws Affected:: Add §13.04, Ment Hyg L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S5223, A7312
2015-2016: S3634, A424
2017-2018: S1157, A5482
2019-2020: S3789, A3150

2021-S6695A (ACTIVE) - Summary

Creates a bill of rights for people with developmental disabilities who reside in residences certified or approved by the office for people with developmental disabilities.

2021-S6695A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S6695A

SPONSOR: MANNION
 
TITLE OF BILL:

An act to amend the mental hygiene law, in relation to creating a bill
of rights for individuals with developmental disabilities who reside in
residences certified or approved by the office for people with develop-
mental disabilities

 
PURPOSE OR GENERAL IDEA OF BILL:

The bill creates a "Residents' Bill of Rights" for individuals with
developmental disabilities.

 
SUMMARY OF PROVISIONS:

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

This section defines 'resident" to mean an individual with a develop-
mental disability receiving services from a covered provider.  A "quali-
fied person" means a resident, the resident's legal guardian, the legal
guardian's designee, the resident's designee, or if done exists, in
order of priority, a spouse, parent, adult child or an adult sibling of
the resident. A covered provider means and includes any entity providing
residential services or programs to one or more persons with a develop-
mental disability that is operated, licensed, or certified by the office
for people with developmental disabilities (OPWDD).

Section 1 also provides that in addition to all other rights and privi-
leges under law, a resident shall have the rights set forth, including
to:

1. Be treated with consideration and respect.

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

3. Access any and all audio and video recordings which are relevant to
any incident which affects the resident.

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

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

6. Access information necessary for a qualified person to make informed
decisions, when appropriate, about the resident's care and care coordi-
nation.

7. Financial transparency, consistent with federal and state confiden-
tiality requirements.

8. Receive visitors who visit unannounced.
9. Be informed of any and all staffing changes.

10. Choose a care coordinator.

11. Consult and be represented by an independent advocate, mental
hygiene legal services or a private attorney.

12. 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
individuals with a developmental disability, their legal guardians or
family members and other qualified persons to participate in decisions
and access information, records, etc.; and the procedures to challenge
any decision affecting the resident.

A qualified person, other than a legal guardian may not exercise a right
described, if the resident, who is competent to do so, specifically
affirms, in a reasonably contemporaneous manner, that such identified
qualified person shall not be afforded such specific right.

Nothing in this section shall be read to limit any other rights or priv-
ileges that a resident or a qualified person 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 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 informa-
tion 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.

 
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION:

To change from a family bill of rights to a resident bill of rights;
clarify rights and add additional rights including access to video and
audio recordings. To change defined term from qualified representative
to qualified person as used in current law and clarify definition.

 
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 regard-
ing the health and safety of their family member.  As New York State
continues to move towards a managed health care system, parents are
concerned about what this will mean for their children with develop-
mental disabilities. These concerns include whether this transition will
result in reduced communication with, and less transparency from the
managed care entities. Accordingly, 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
legal representatives have access to important information about the
care being provided for their developmentally disabled family member.

 
PRIOR LEGISLATIVE HISTORY:

2019-20: A3150 referred to mental health; same as S3789 (Carlucci)
referred to mental health and developmental disabilities;

2017-18: A5482 referred to mental health; same as S1157 (Ortt) referred
to mental health and developmental disabilities;

2015-16: A424-A passed Assembly; same as S.3634-A (Ortt) referred to
mental health and developmental disabilities;

2013-14: A.7312-D passed Assembly; same as S5223-D (Ortt) referred to
mental health and developmental disabilities

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect on the one hundred twentieth day  after it
shall have become law.

2021-S6695A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6695--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               May 12, 2021
                                ___________
 
 Introduced  by  Sen. MANNION -- read twice and ordered printed, and when
   printed to be committed to the Committee on 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 individuals with developmental disabilities  who  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:
 § 13.04 RESIDENTS' BILL OF RIGHTS.
   (A) THE PRINCIPLES IN THE BILL OF RIGHTS SET FORTH IN THIS SECTION ARE
 DECLARED TO BE  THE PUBLIC POLICY OF THE STATE.
   (B) FOR PURPOSES OF THIS SECTION:
   (1) "RESIDENT" MEANS AN INDIVIDUAL WITH A DEVELOPMENTAL DISABILITY WHO
 IS RECEIVING SERVICES FROM A COVERED PROVIDER.
   (2) "QUALIFIED PERSON" MEANS A RESIDENT, THE RESIDENT'S LEGAL  GUARDI-
 AN, THE GUARDIAN'S DESIGNEE, THE RESIDENT'S DESIGNEE, OR IF NONE EXISTS,
 IN  ORDER OF PRIORITY, A SPOUSE, PARENT, ADULT CHILD OR AN ADULT SIBLING
 OF THE RESIDENT.
   (3) "COVERED PROVIDER" MEANS AND INCLUDES ANY ENTITY, PROVIDING  RESI-
 DENTIAL SERVICES OR PROGRAMS TO ONE OR MORE PERSONS WITH A DEVELOPMENTAL
 DISABILITY, THAT IS OPERATED, LICENSED, OR CERTIFIED BY THE OFFICE.
   (C)  IN ADDITION TO ALL OTHER RIGHTS AND PRIVILEGES UNDER LAW, A RESI-
 DENT SHALL HAVE THE RIGHTS SET FORTH BELOW (THE "BILL OF RIGHTS")  WHICH
 THE  RESIDENT  MAY  EXERCISE OR ANOTHER QUALIFIED PERSON MAY EXERCISE ON
 THE RESIDENT'S BEHALF.
                             "BILL OF RIGHTS"
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01457-03-1

 S. 6695--A                          2
 
   INDIVIDUALS WITH A DEVELOPMENTAL DISABILITY WHO ARE RECEIVING RESIDEN-
 TIAL SERVICES FROM AN ENTITY THAT IS OPERATED, LICENSED OR CERTIFIED  BY
 THE  OFFICE OR A QUALIFIED PERSON ON SUCH INDIVIDUAL'S BEHALF SHALL HAVE
 THE FOLLOWING GENERALLY-DESCRIBED RIGHTS TO:
   BE TREATED WITH CONSIDERATION AND RESPECT.
   PARTICIPATE  IN  AND  PROVIDE  MEANINGFUL  INPUT INTO THE DEVELOPMENT,
 REVIEW AND REVISION OF THE RESIDENT'S CARE PLAN, INCLUDING PLACEMENT  OR
 TRANSFER WITHIN OR BETWEEN FACILITIES.
   ACCESS   INFORMATION  REGARDING  THE  RESIDENT'S  HEALTH  AND  SAFETY,
 CONSISTENT WITH FEDERAL AND STATE CONFIDENTIALITY PROTECTIONS.
   BE NOTIFIED WITHIN A  REASONABLE  TIME  OF  ANY  EVENT  THAT  DIRECTLY
 IMPACTS  THE  RESIDENT'S  HEALTH AND SAFETY, CONSISTENT WITH FEDERAL AND
 STATE CONFIDENTIALITY PROTECTIONS.
   ACCESS ANY AND ALL AUDIO AND VIDEO RECORDINGS WHICH  ARE  RELEVANT  TO
 ANY  INCIDENT  WHICH  AFFECTS  THE  RESIDENT WHETHER OR NOT THE RESIDENT
 APPEARS IN THE AUDIO OR VIDEO.
   ACCESS INFORMATION NECESSARY FOR A QUALIFIED PERSON TO  MAKE  INFORMED
 DECISIONS,  WHEN APPROPRIATE, ABOUT THE RESIDENT'S CARE AND CARE COORDI-
 NATION.
   FINANCIAL TRANSPARENCY, INCLUDING ACCESS TO BUDGETARY  INFORMATION  OF
 THE  FACILITY AND RESIDENT'S EXPENSES, CONSISTENT WITH FEDERAL AND STATE
 CONFIDENTIALITY PROTECTIONS.
   RECEIVE VISITORS WHO VISIT UNANNOUNCED.
   BE INFORMED OF ANY AND ALL 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 A PRIVATE ATTORNEY; AND IF SERVICES ARE PROVIDED UNDER
 MEDICAID 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
 INDIVIDUALS  WITH  A  DEVELOPMENTAL DISABILITY, THEIR LEGAL GUARDIANS OR
 FAMILY MEMBERS AND OTHER QUALIFIED PERSONS 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 RESIDENT.
   NOTHING  IN  THIS BILL OF RIGHTS SHALL LIMIT ANY OTHER RIGHT OR PRIVI-
 LEGE UNDER LAW. IF ANY RESIDENTIAL FACILITY SERVICE  PROVIDER  FAILS  TO
 AFFORD  THESE  RIGHTS,  ASSISTANCE  MAY  BE  SOUGHT FROM THE FACILITY OR
 PROVIDER, OR THE OFFICE.
   (D) A QUALIFIED PERSON OTHER THAN A LEGAL GUARDIAN MAY, IN  ACCORDANCE
 WITH  LAW AND APPROPRIATE DUE PROCESS, NOT EXERCISE A RIGHT DESCRIBED IN
 THIS SECTION IF THE RESIDENT, WHO IS COMPETENT TO  DO  SO,  SPECIFICALLY
 AFFIRMS,  IN  A  REASONABLY CONTEMPORANEOUS MANNER, THAT SUCH IDENTIFIED
 QUALIFIED PERSON SHALL NOT BE AFFORDED SUCH SPECIFIC RIGHT. SUCH  DETER-
 MINATION  BY  THE RESIDENT 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 PERSON.

 S. 6695--A                          3
 
   (E) THE STATEMENT OF RIGHTS SET FORTH IN THIS SECTION IS  INTENDED  TO
 BE A GUIDE TO THE RIGHTS OF  A RESIDENT OR A QUALIFIED PERSON.
   (F) NOTHING IN THIS SECTION SHALL BE READ TO LIMIT ANY OTHER RIGHTS OR
 PRIVILEGES  THAT  A RESIDENT OR A QUALIFIED PERSON 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 RESIDENT OR QUALIFIED PERSON MAY HAVE  CONCERNING THE DENIAL OF ANY
 SUCH RIGHT.
   (G) EACH COVERED PROVIDER SHALL CONSPICUOUSLY POST A COPY OF THE  BILL
 OF RIGHTS IN A PUBLIC PLACE AT EACH OF THE COVERED PROVIDER'S FACILITIES
 AND PROVIDE A COPY TO EACH QUALIFIED PERSON.
   (H) THE COMMISSIONER SHALL:
   (1) POST A COPY OF THE BILL OF RIGHTS ON THE OFFICE'S WEBSITE;
   (2)  MAKE  COPIES  OF  THE  BILL OF RIGHTS 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.
   § 2. This act shall take effect on the one hundred twentieth day after
 it shall have become a law.

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