Senate Bill S5893A

2013-2014 Legislative Session

Relates to rights of residents of adult care facilities

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Social Services Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

2013-S5893 - Details

See Assembly Version of this Bill:
A2695
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: S718, A2283
2017-2018: S1102, A2463
2019-2020: S874, A1084

2013-S5893 - 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.

2013-S5893 - Sponsor Memo

2013-S5893 - Bill 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
              

2013-S5893A (ACTIVE) - Details

See Assembly Version of this Bill:
A2695
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: S718, A2283
2017-2018: S1102, A2463
2019-2020: S874, A1084

2013-S5893A (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.

2013-S5893A (ACTIVE) - Sponsor Memo

2013-S5893A (ACTIVE) - Bill 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
              

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