S T A T E O F N E W Y O R K
________________________________________________________________________
2857
2009-2010 Regular Sessions
I N A S S E M B L Y
January 21, 2009
___________
Introduced by M. of A. WEINSTEIN, LANCMAN, GOTTFRIED -- Multi-Sponsored
by -- M. of A. CLARK, COOK, GANTT, GLICK, HIKIND, McENENY, PAULIN --
read once and referred to the Committee on Health
AN ACT to amend the public health law, in relation to confidential
visits with patients of residential health care facilities
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph l of subdivision 3 of section 2803-c of the
public health law, as amended by chapter 719 of the laws of 1989, is
amended to read as follows:
1. (I) Pursuant to regulations promulgated by the commissioner, no
facility or individual and no general hospital providing medical care to
persons having been admitted from such facilities or from adult care
facilities covered by the provisions of section four hundred sixty-one-b
of the social services law, or to applicants for readmission to such
facilities or to adult care facilities covered by the provisions of
section four hundred sixty-one-b of the social services law, shall
restrict or prohibit the access to the facility or general hospital nor
interfere with the performance of the official duties, including confi-
dential visits with residents, of duly designated persons participating
in the long term care ombudsman program as provided for in [sections
five hundred forty-four and five hundred forty-five] SECTION TWO HUNDRED
EIGHTEEN of the [executive] ELDER law.
(II) IN ADDITION, NO FACILITY WHICH PROVIDES RESIDENTIAL HEALTH CARE
AND SERVICES FOR RESIDENT PATIENTS SHALL RESTRICT OR PROHIBIT THE ACCESS
TO THE FACILITY NOR INTERFERE WITH CONFIDENTIAL VISITS WITH PATIENTS BY:
(A) FAMILY MEMBERS, GUARDIANS, FRIENDS OF AN INDIVIDUAL PATIENT, AND
LEGAL REPRESENTATIVES, LEGAL COUNSELS AND CASE MANAGERS.
(B) AN EMPLOYEE OR REPRESENTATIVE OF ANY PUBLIC OR PRIVATE
NOT-FOR-PROFIT CORPORATION, COMMUNITY ORGANIZATION OR ASSOCIATION WHOSE
PRIMARY PURPOSES FOR VISITING INCLUDE ASSISTING PATIENTS IN RESOLVING
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06359-01-9
A. 2857 2
PROBLEMS AND COMPLAINTS CONCERNING THEIR CARE AND TREATMENT, AND IN
SECURING ADEQUATE SERVICES TO MEET THEIR NEEDS. THE OPERATOR SHALL MAKE
AVAILABLE A COMMON AREA OF THE FACILITY FOR SUCH VISITS.
(III) PERSONS ASSURED ACCESS TO A RESIDENTIAL HEALTH CARE FACILITY
PURSUANT TO CLAUSE (B) OF SUBPARAGRAPH (II) OF THIS PARAGRAPH SHALL NOT
ENTER THE LIVING AREA OF ANY PATIENT WITHOUT IDENTIFYING THEMSELVES TO
THE PATIENT STATING THE PURPOSE OF THE VISIT, AND RECEIVING THE PERMIS-
SION OF THE PATIENT AND THE PATIENT'S ROOMMATE TO ENTER THE LIVING AREA.
(IV) INDIVIDUAL PATIENTS SHALL HAVE THE RIGHT TO TERMINATE OR DENY ANY
VISIT TO THEM BY PERSONS ASSURED ACCESS TO THE FACILITY PURSUANT TO THIS
PARAGRAPH.
(V) VISITS BY INDIVIDUALS ASSURED ACCESS TO RESIDENTIAL HEALTH CARE
FACILITIES PURSUANT TO CLAUSES (A) AND (B) OF SUBPARAGRAPH (II) OF THIS
PARAGRAPH SHALL BE PERMITTED, EXCEPT IN EXTRAORDINARY CIRCUMSTANCES SUCH
AS HEALTH EMERGENCIES, DURING VISITING HOURS ENCOMPASSING AT LEAST TEN
HOURS WITHIN A TWENTY-FOUR HOUR PERIOD, INCLUDING AT LEAST TWO MEAL
PERIODS, UNLESS EXTENDED BY ARRANGEMENT WITH THE FACILITY.
(VI) NOTWITHSTANDING ANY PROVISION OF SUBPARAGRAPH (II) OF THIS PARA-
GRAPH, THE OPERATOR OF A RESIDENTIAL HEALTH CARE FACILITY MAY RESTRICT
OR PROHIBIT ACCESS TO THE FACILITY OR INTERFERE WITH CONFIDENTIAL VISITS
WITH PATIENTS BY INDIVIDUALS WHO THE OPERATOR HAS REASONABLE CAUSE TO
BELIEVE WOULD DIRECTLY ENDANGER THE SAFETY OF SUCH PATIENTS.
(VII) WHENEVER AN INDIVIDUAL IS DENIED ACCESS PURSUANT TO SUBPARAGRAPH
(VI) OF THIS PARAGRAPH THE OPERATOR MUST RECORD A DETAILED WRITTEN
STATEMENT DESCRIBING THE REASONS FOR DENIAL OF ACCESS TO ANY SUCH INDI-
VIDUAL. THIS STATEMENT SHALL BE MAINTAINED BY THE FACILITY AND BE ACCES-
SIBLE TO PATIENTS, PERSONS DENIED ACCESS AND THE DEPARTMENT.
(VIII) IF THE OPERATOR OF A FACILITY DENIES ACCESS PURSUANT TO SUBPAR-
AGRAPH (VI) OF THIS PARAGRAPH, THE PERSON DENIED ACCESS MAY BRING AN
ACTION IN SUPREME COURT IN THE COUNTY IN WHICH THE FACILITY IS LOCATED
FOR AN ORDER GRANTING SUCH PERSON ACCESS TO THE FACILITY. IF THE COURT
FINDS THAT SUCH DENIAL WAS MADE IN BAD FAITH, THE OPERATOR OF THE FACIL-
ITY SHALL BE LIABLE FOR ALL COSTS, INCLUDING REASONABLE ATTORNEY'S FEES,
AND THE COURT MAY, IN ITS DISCRETION, ASSESS A CIVIL PENALTY NOT TO
EXCEED FIFTY DOLLARS PER DAY FOR EACH DAY SUCH ACCESS WAS DENIED.
S 2. This act shall take effect on the sixtieth day after it shall
have become a law.