senate Bill S5893A

Relates to rights of residents of adult care facilities

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 19 / Jun / 2013
    • REFERRED TO RULES
  • 03 / Jul / 2013
    • AMEND AND RECOMMIT TO RULES
  • 03 / Jul / 2013
    • PRINT NUMBER 5893A
  • 08 / Jan / 2014
    • REFERRED TO SOCIAL SERVICES

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.

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Bill Details

See Assembly Version of this Bill:
A2695A
Versions:
S5893
S5893A
Legislative Cycle:
2013-2014
Current Committee:
Senate Social Services
Law Section:
Social Services Law
Laws Affected:
Amd §§2 & 461-d, Soc Serv L

Sponsor Memo

BILL NUMBER:S5893A

TITLE OF BILL: An act to amend the social services law, in relation
to adult care facilities

PURPOSE OR GENERAL IDEA OF BILL:

This bill will improve the health, safety and quality of life of New
York residents living in adult care facilities.

SUMMARY OF SPECIFIC PROVISIONS: The bill adds new SSL §§ 2(39) and
(40) to authorize residents of an adult home, enriched housing program
or residence for adults to designate a resident representative and a
legal representative.

Section 2 of the bill adds new SSL §§ 461-d(3)(1), (m) and (n) to set
forth additional rights of each resident of an adult care facility:

(1) to choose his or her own health care providers for services not
covered by the admission agreement; (2) to be fully informed by the
primary care physician or mental health provider of his or her medical
condition, proposed medications, treatment and services and the right
to refuse such medication, treatment or services after being fully
informed of the consequences; and (3) to choose his or her own legal
representative.

JUSTIFICATION:

Adult homes, enriched housing programs and residences for adults -
collectively referred to as adult care facilities - are important
models of care that serve as the homes of thousands of New York State
residents. The bill codifies the right of residents to designate
resident. representatives and legal representatives and provides that
such representatives may not waive any of the rights enumerated in SSL
§ 461-d(3). The bill also sets forth in statute the rights of
residents to choose their own health care providers and be fully
informed about treatment and the right to refuse treatment after being
fully informed of the consequences. These changes are consistent with
the ALR provisions of PM, Article 46-8 which expressly recognize such
rights.

PRIOR LEGISLATIVE HISTORY:

2009-2010: A.9551-A - passed Assembly
2011-2012: A.595 - passed Assembly

FISCAL IMPLICATIONS:

This bill is not expected to have a fiscal impact on the State.

EFFECTIVE DATE:

Thirty days after it shall have become a law.

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

                                 5893--A

                       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  --  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.  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.
  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
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;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01436-03-3

S. 5893--A                          2

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-
CATION,  TREATMENT OR SERVICES BY A RESIDENT WHO HAS BEEN FULLY INFORMED
OF THE CONSEQUENCES OF SUCH REFUSAL.
  (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
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.

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