senate Bill S5893A

2013-2014 Legislative Session

Relates to rights of residents of adult care facilities

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Archive: Last Bill Status - In Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to social services
Jul 03, 2013 print number 5893a
amend and recommit to rules
Jun 19, 2013 referred to rules

Bill Amendments

Original
A (Active)
Original
A (Active)

S5893 - Bill Details

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

S5893 - Bill Texts

view 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.

view sponsor memo
BILL NUMBER:S5893

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(35) and (39) 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
§ 46l-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:

New Bill

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 full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5893

                       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

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

S. 5893                             2

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.

S5893A (ACTIVE) - Bill Details

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

S5893A (ACTIVE) - Bill Texts

view 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.

view 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 full text
download pdf
                    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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