S T A T E O F N E W Y O R K
________________________________________________________________________
2607
2009-2010 Regular Sessions
I N A S S E M B L Y
January 21, 2009
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Introduced by M. of A. RABBITT, RAIA, HAWLEY, FINCH -- Multi-Sponsored
by -- M. of A. WALKER, WEISENBERG -- read once and referred to the
Committee on Aging
AN ACT to amend the public health law, in relation to establishing a
bill of rights for residents in continuing care retirement communities
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The public health law is amended by adding a new section
4603-b to read as follows:
S 4603-B. RIGHTS OF RESIDENTS IN CONTINUING CARE RETIREMENT COMMUNI-
TIES. 1. THE PRINCIPLES ENUNCIATED IN SUBDIVISION THREE OF THIS SECTION
ARE DECLARED TO BE THE PUBLIC POLICY OF THE STATE AND A COPY OF SUCH
STATEMENT OF RIGHTS AND RESPONSIBILITIES SHALL BE POSTED CONSPICUOUSLY
IN A PUBLIC PLACE IN EACH COMMUNITY COVERED HEREUNDER.
2. THE COMMISSIONER SHALL REQUIRE THAT EVERY CONTINUING CARE RETIRE-
MENT COMMUNITY, AS DEFINED IN SUBDIVISION TWO-B OF SECTION FORTY-SIX
HUNDRED ONE OF THIS ARTICLE, SHALL ADOPT AND MAKE PUBLIC A STATEMENT OF
THE RIGHTS AND RESPONSIBILITIES OF THE RESIDENTS WHO ARE RECEIVING CARE
IN SUCH COMMUNITIES, AND SHALL TREAT SUCH RESIDENTS IN ACCORDANCE WITH
THE PROVISIONS OF SUCH STATEMENT.
3. SAID STATEMENT OF RIGHTS AND RESPONSIBILITIES SHALL INCLUDE, BUT
NOT BE LIMITED TO THE FOLLOWING:
A. EVERY RESIDENT'S CIVIL AND RELIGIOUS LIBERTIES, INCLUDING THE RIGHT
TO INDEPENDENT PERSONAL DECISIONS AND KNOWLEDGE OF AVAILABLE CHOICES,
SHALL NOT BE INFRINGED AND THE COMMUNITY SHALL ENCOURAGE AND ASSIST IN
THE FULLEST POSSIBLE EXERCISE OF THESE RIGHTS.
B. EVERY RESIDENT SHALL HAVE THE RIGHT TO HAVE PRIVATE COMMUNICATIONS
AND CONSULTATIONS WITH HIS OR HER PHYSICIAN, ATTORNEY, AND ANY OTHER
PERSON.
C. EVERY RESIDENT SHALL HAVE THE RIGHT TO PRESENT GRIEVANCES ON BEHALF
OF HIMSELF OR HERSELF OR OTHERS, TO THE COMMUNITY'S STAFF OR ADMINISTRA-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05808-02-9
A. 2607 2
TOR, TO GOVERNMENTAL OFFICIALS, OR TO ANY OTHER PERSON WITHOUT FEAR OF
REPRISAL, AND TO JOIN WITH OTHER RESIDENTS OR INDIVIDUALS WITHIN OR
OUTSIDE OF THE COMMUNITY TO WORK FOR IMPROVEMENTS IN RESIDENT CARE.
D. EVERY RESIDENT SHALL HAVE THE RIGHT TO MANAGE HIS OR HER OWN FINAN-
CIAL AFFAIRS, OR TO HAVE AT LEAST A QUARTERLY ACCOUNTING OF ANY PERSONAL
FINANCIAL TRANSACTIONS UNDERTAKEN IN HIS OR HER BEHALF BY THE COMMUNITY
DURING ANY PERIOD OF TIME THE RESIDENT HAS DELEGATED SUCH RESPONSIBIL-
ITIES TO THE COMMUNITY.
E. EVERY RESIDENT SHALL HAVE THE RIGHT TO RECEIVE ADEQUATE AND APPRO-
PRIATE MEDICAL CARE, TO BE FULLY INFORMED OF HIS OR HER MEDICAL CONDI-
TION AND PROPOSED TREATMENT UNLESS MEDICALLY CONTRAINDICATED, AND TO
REFUSE MEDICATION AND TREATMENT AFTER BEING FULLY INFORMED OF AND UNDER-
STANDING THE CONSEQUENCES OF SUCH ACTIONS.
F. EVERY RESIDENT SHALL HAVE THE RIGHT TO HAVE PRIVACY IN TREATMENT
AND IN CARING FOR PERSONAL NEEDS, CONFIDENTIALITY IN THE TREATMENT OF
PERSONAL AND MEDICAL RECORDS, AND SECURITY IN STORING PERSONAL
POSSESSIONS.
G. EVERY RESIDENT SHALL HAVE THE RIGHT TO RECEIVE COURTEOUS, FAIR, AND
RESPECTFUL SERVICE AND CARE AND A WRITTEN STATEMENT OF THE SERVICES
PROVIDED BY THE COMMUNITY, INCLUDING THOSE REQUIRED TO BE OFFERED ON AN
AS-NEEDED BASIS.
H. EVERY RESIDENT SHALL BE FREE FROM MENTAL AND PHYSICAL ABUSE AND
FROM PHYSICAL AND CHEMICAL RESTRAINTS, EXCEPT THOSE RESTRAINTS AUTHOR-
IZED IN WRITING BY A PHYSICIAN FOR A SPECIFIED AND LIMITED PERIOD OF
TIME OR AS ARE NECESSITATED BY AN EMERGENCY IN WHICH CASE THE RESTRAINT
MAY ONLY BE APPLIED BY A QUALIFIED LICENSED NURSE WHO SHALL SET FORTH IN
WRITING THE CIRCUMSTANCES REQUIRING THE USE OF RESTRAINT AND IN THE CASE
OF USE OF A CHEMICAL RESTRAINT A PHYSICIAN SHALL BE CONSULTED WITHIN
TWENTY-FOUR HOURS.
I. A STATEMENT OF THE COMMUNITY'S REGULATIONS AND AN EXPLANATION OF
THE RESIDENT'S RESPONSIBILITY TO OBEY ALL REASONABLE REGULATIONS OF THE
COMMUNITY AND TO RESPECT THE PERSONAL RIGHTS AND PRIVATE PROPERTY OF THE
OTHER RESIDENTS.
J. A STATEMENT THAT SHOULD THE RESIDENT BE ADJUDICATED INCOMPETENT AND
NOT BE RESTORED TO LEGAL CAPACITY, OR IF A CONSERVATOR SHOULD BE
APPOINTED FOR THE RESIDENT, THE ABOVE RIGHTS AND RESPONSIBILITIES SHALL
BE EXERCISED BY THE APPOINTED COMMITTEE OR CONSERVATOR IN A REPRESEN-
TATIVE CAPACITY.
K. EVERY RESIDENT SHALL HAVE THE RIGHT TO RECEIVE UPON REQUEST KOSHER
FOOD OR FOOD PRODUCTS PREPARED IN ACCORDANCE WITH THE ORTHODOX JEWISH
RELIGIOUS REQUIREMENTS.
L. PURSUANT TO REGULATIONS PROMULGATED BY THE COMMISSIONER IN CONSUL-
TATION WITH THE DIRECTOR OF THE OFFICE FOR THE AGING, NO COMMUNITY SHALL
RESTRICT OR PROHIBIT ACCESS TO THE MEDICAL OR PERSONAL RECORDS OF ANY
RESIDENT IF SUCH RESIDENT, OR, WHERE APPROPRIATE, COMMITTEE FOR AN
INCOMPETENT, HAS GIVEN EXPRESS WRITTEN CONSENT TO SUCH DISCLOSURE;
PROVIDED, HOWEVER, THAT (I) IN THE CASE OF MEDICAL RECORDS, DISCLOSURE
MAY BE EXCLUSIVE OF THE PERSONAL NOTES OF THE PHYSICIAN AS DEFINED IN
SUCH REGULATIONS AND (II) ACCESS MAY BE LIMITED TO SUCH TIMES AS MAY BE
SPECIFIED IN SUCH REGULATIONS. SUCH RECORDS SHALL BE MADE AVAILABLE BY A
MEMBER OR MEMBERS OF THE COMMUNITY'S STAFF WHO SHALL BE DESIGNATED BY
THE COMMUNITY TO PROVIDE ACCESS TO AND, WHERE NECESSARY, INTERPRETATION
OF SUCH RECORDS. THE COMMUNITY MAY CHARGE A REASONABLE FEE FOR PHOTOCO-
PYING PURSUANT TO SUCH REGULATIONS. NOTHING IN THIS PARAGRAPH SHALL BE
CONSTRUED TO LIMIT OR ABRIDGE ANY RIGHT OF ACCESS TO RECORDS, INCLUDING
FINANCIAL RECORDS.
A. 2607 3
M. EVERY RESIDENT SHALL HAVE THE RIGHT TO AUTHORIZE THOSE FAMILY
MEMBERS AND OTHER ADULTS WHO WILL BE GIVEN PRIORITY TO VISIT CONSISTENT
WITH THE RESIDENT'S ABILITY TO RECEIVE VISITORS.
N. A STATEMENT INFORMING THE RESIDENT OF HIS OR HER RIGHT TO MAKE
ORGAN, TISSUE OR WHOLE BODY DONATIONS, AND THE MEANS BY WHICH THE RESI-
DENT MAY MAKE SUCH A DONATION. THE COMMISSIONER SHALL PROMULGATE ANY
RULES AND REGULATIONS NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS
PARAGRAPH.
4. EACH COMMUNITY SHALL GIVE A COPY OF THE STATEMENT TO EACH RESIDENT
AT OR PRIOR TO THE TIME OF ADMISSION TO THE COMMUNITY, OR TO THE
APPOINTED PERSONAL REPRESENTATIVE AT THE TIME OF APPOINTMENT AND TO EACH
MEMBER OF THE COMMUNITY'S STAFF.
5. EACH COMMUNITY SHALL PREPARE A WRITTEN PLAN AND PROVIDE APPROPRIATE
STAFF TRAINING TO IMPLEMENT EACH RESIDENT'S RIGHT INCLUDED IN THE STATE-
MENT.
S 2. This act shall take effect on the ninetieth day after it shall
have become a law; provided, however, that effective immediately, the
addition, amendment and/or repeal of any rule or regulation necessary
for the implementation of this act on its effective date are authorized
and directed to be made and completed on or before such effective date.