assembly Bill A2283

2015-2016 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 (7)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Feb 01, 2016 referred to social services
delivered to senate
passed assembly
Jan 28, 2016 advanced to third reading cal.349
Jan 26, 2016 reported
Jan 06, 2016 referred to health
Jan 15, 2015 referred to health

Co-Sponsors

A2283 (ACTIVE) - Details

See Senate Version of this Bill:
S718
Current Committee:
Senate Social Services
Law Section:
Social Services Law
Laws Affected:
Amd ยงยง2 & 461-d, Soc Serv L
Versions Introduced in Other Legislative Sessions:
2009-2010: A9551
2011-2012: A595
2013-2014: A2695, S5893
2017-2018: A2463, S1102
2019-2020: A1084, S874

A2283 (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.

A2283 (ACTIVE) - Bill Text download pdf

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

                                  2283

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 15, 2015
                               ___________

Introduced  by  M. of A. GOTTFRIED, DINOWITZ, ROSENTHAL, BROOK-KRASNY --
  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;
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-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02420-01-5