Assembly Bill A2463A

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2463
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 20, 2017
                                ___________
 
 Introduced by M. of A. GOTTFRIED, DINOWITZ, ROSENTHAL, SEPULVEDA -- 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.
   §  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.
              

                                                            LBD01017-01-7

 A. 2463                             2
 
 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.
   § 3. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.