Assembly Bill A2695A

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

                                 2695--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 17, 2013
                               ___________

Introduced  by  M. of A. GOTTFRIED, DINOWITZ, ROSENTHAL -- read once and
  referred to the Committee on Health -- reported and  referred  to  the
  Committee  on  Rules  --  Rules  Committee  discharged,  bill amended,
  ordered reprinted as amended and recommitted to the Committee on Rules

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.
                                                           LBD01436-02-3
              

A. 2695--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.