assembly Bill A2695A

2013-2014 Legislative Session

Relates to rights of residents of adult care facilities

download bill text pdf

Sponsored By

Archive: Last Bill Status - Passed Assembly


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

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Actions

view actions (15)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 26, 2014 referred to social services
delivered to senate
passed assembly
Jan 08, 2014 ordered to third reading cal.155
returned to assembly
died in senate
Jun 17, 2013 referred to rules
delivered to senate
passed assembly
Jun 12, 2013 ordered to third reading rules cal.208
rules report cal.208
reported
Jun 11, 2013 amend and recommit to rules 2695a
Jun 10, 2013 reported referred to rules
Jan 17, 2013 referred to health

Co-Sponsors

A2695 - Details

See Senate Version of this Bill:
S5893
Current Committee:
Senate Social Services
Law Section:
Social Services Law
Laws Affected:
Amd §§2 & 461-d, Soc Serv L
Versions Introduced in Other Legislative Sessions:
2009-2010: A9551
2011-2012: A595
2015-2016: A2283, S718
2017-2018: A2463, S1102
2019-2020: A1084, S874

A2695 - 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.

A2695 - Bill Text download pdf

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

                                  2695

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 17, 2013
                               ___________

Introduced  by M. of A. GOTTFRIED, DINOWITZ -- read once and referred to
  the Committee on Health

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.
  (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.
                                                           LBD01436-01-3

Co-Sponsors

A2695A (ACTIVE) - Details

See Senate Version of this Bill:
S5893
Current Committee:
Senate Social Services
Law Section:
Social Services Law
Laws Affected:
Amd §§2 & 461-d, Soc Serv L
Versions Introduced in Other Legislative Sessions:
2009-2010: A9551
2011-2012: A595
2015-2016: A2283, S718
2017-2018: A2463, S1102
2019-2020: A1084, S874

A2695A (ACTIVE) - 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.

A2695A (ACTIVE) - Bill Text download pdf

                    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