S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1102
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              January 6, 2017
                                ___________
 
 Introduced  by  Sen.  RIVERA -- read twice and ordered printed, and when
   printed to be committed to the Committee on Social Services
 
 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

 S. 1102                             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.