senate Bill S1102A

2017-2018 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
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 03, 2018 referred to social services
May 01, 2017 print number 1102a
May 01, 2017 amend and recommit to social services
Jan 06, 2017 referred to social services

S1102 - Details

See Assembly Version of this Bill:
A2463
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: S5893, A2695
2015-2016: S718, A2283
2019-2020: S874, A1084

S1102 - 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.

S1102 - Sponsor Memo

S1102 - Bill Text download pdf


                    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.

Co-Sponsors

S1102A (ACTIVE) - Details

See Assembly Version of this Bill:
A2463
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: S5893, A2695
2015-2016: S718, A2283
2019-2020: S874, A1084

S1102A (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.

S1102A (ACTIVE) - Sponsor Memo

S1102A (ACTIVE) - Bill Text download pdf


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

                                 1102--A

                       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 -- commit-
  tee discharged, bill amended, ordered reprinted as amended and  recom-
  mitted 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

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