assembly Bill A1084

Signed By Governor
2019-2020 Legislative Session

Relates to rights of residents of adult care facilities

download bill text pdf

Sponsored By

Archive: Last Bill Status - Signed by Governor


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor

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Actions

view actions (13)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Dec 13, 2019 approval memo.37
signed chap.646
Dec 06, 2019 delivered to governor
May 21, 2019 returned to assembly
passed senate
3rd reading cal.618
substituted for s874
Feb 12, 2019 referred to health
delivered to senate
passed assembly
Feb 07, 2019 advanced to third reading cal.36
Feb 04, 2019 reported
Jan 14, 2019 referred to health

Co-Sponsors

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A1084 (ACTIVE) - Details

See Senate Version of this Bill:
S874
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
2017-2018: A2463, S1102

A1084 (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.

A1084 (ACTIVE) - Bill Text download pdf


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

                                  1084

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                            January 14, 2019
                               ___________

Introduced  by M. of A. GOTTFRIED, DINOWITZ, L. ROSENTHAL, D'URSO, GALEF
  -- 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. 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
                      [ ] is old law to be omitted.
                                                           LBD03365-01-9