assembly Bill A2463A

2017-2018 Legislative Session

Relates to rights of residents of adult care facilities

download bill text pdf

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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 (9)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Feb 28, 2018 referred to social services
delivered to senate
passed assembly
Jan 03, 2018 ordered to third reading cal.195
May 11, 2017 advanced to third reading cal.326
May 09, 2017 reported
May 01, 2017 print number 2463a
May 01, 2017 amend and recommit to health
Jan 20, 2017 referred to health

Co-Sponsors

A2463 - Details

See Senate Version of this Bill:
S1102
Current Committee:
Senate Social Services
Law Section:
Social Services Law
Laws Affected:
Amd §461-d, Soc Serv L
Versions Introduced in Other Legislative Sessions:
2009-2010: A9551
2011-2012: A595
2013-2014: A2695, S5893
2015-2016: A2283, S718
2019-2020: A1084, S874

A2463 - 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.

A2463 - Bill Text download pdf


                    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.

Co-Sponsors

A2463A (ACTIVE) - Details

See Senate Version of this Bill:
S1102
Current Committee:
Senate Social Services
Law Section:
Social Services Law
Laws Affected:
Amd §461-d, Soc Serv L
Versions Introduced in Other Legislative Sessions:
2009-2010: A9551
2011-2012: A595
2013-2014: A2695, S5893
2015-2016: A2283, S718
2019-2020: A1084, S874

A2463A (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.

A2463A (ACTIVE) - Bill Text download pdf


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

                                 2463--A

                       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, D'URSO
  --  read  once  and  referred  to the Committee on Health -- 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. Subdivision 3 of section 461-d of the social  services  law
is amended by adding two new paragraphs (l) and (m) to read as follows:
  (L)  EVERY  RESIDENT OR, IN THE CASE OF A PERSON WHO LACKS CAPACITY TO
CONSENT TO HIS OR HER  HEALTH  CARE,  A  PERSON  LEGALLY  AUTHORIZED  TO
CONSENT  ON  BEHALF  OF  THE  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, TREAT-
MENT AND SERVICES, UNLESS MEDICALLY CONTRAINDICATED, AND TO REFUSE MEDI-
CATION,  TREATMENT  OR SERVICES AFTER BEING FULLY INFORMED OF THE CONSE-
QUENCES 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 MEDICATION, TREATMENT OR SERVICES BY A RESIDENT OR,
IN THE CASE OF A PERSON WHO LACKS CAPACITY TO  CONSENT  TO  HIS  OR  HER
HEALTH  CARE,  A  PERSON  LEGALLY AUTHORIZED TO CONSENT ON BEHALF OF THE
RESIDENT, WHO HAS BEEN  FULLY  INFORMED  OF  THE  CONSEQUENCES  OF  SUCH
REFUSAL.
  (M)  EVERY  RESIDENT OR, IN THE CASE OF A PERSON WHO LACKS CAPACITY TO
CONSENT TO HIS OR HER  HEALTH  CARE,  A  PERSON  LEGALLY  AUTHORIZED  TO
CONSENT  ON  BEHALF  OF THE RESIDENT, SHALL HAVE THE RIGHT TO CHOOSE THE
RESIDENT'S 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 RESIDENT'S THIRD PARTY PAYOR COVERAGE.
  § 2. This act shall take effect on the thirtieth day  after  it  shall
have become a law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets