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