S T A T E O F N E W Y O R K
2013-2014 Regular Sessions
I N S E N A T E
June 19, 2013
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 social services law, in relation to adult care
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-
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.
S 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
(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.
(M) EVERY RESIDENT SHALL HAVE THE RIGHT TO CHOOSE HIS OR HER OWN
HEALTH CARE PROVIDERS FOR SERVICES NOT COVERED BY HIS OR HER ADMISSION
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
S. 5893 2
AGREEMENT, SUBJECT TO LIMITATIONS THAT MAY APPLY AS A RESULT OF A RESI-
DENT'S THIRD PARTY PAYOR COVERAGE.
(N) EVERY RESIDENT SHALL HAVE THE RIGHT TO CHOOSE HIS OR HER OWN LEGAL
REPRESENTATIVE AND HIS OR HER OWN RESIDENT REPRESENTATIVE.
S 3. This act shall take effect on the thirtieth day after it shall
have become a law.