Assembly Bill A3150

2019-2020 Legislative Session

Relates to the creation of a bill of rights for family and guardians of people with developmental disabilities that reside in residences certified or approved by the OPWDD

download bill text pdf

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Archive: Last Bill Status - In Assembly Committee


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

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2019-A3150 (ACTIVE) - Details

See Senate Version of this Bill:
S3789
Current Committee:
Assembly Mental Health
Law Section:
Mental Hygiene Law
Laws Affected:
Add §13.04, Ment Hyg L
Versions Introduced in Other Legislative Sessions:
2013-2014: A7312, S5223
2015-2016: A424, S3634
2017-2018: A5482, S1157
2021-2022: A6069, S6695

2019-A3150 (ACTIVE) - Summary

Relates to the creation of a bill of rights for family and guardians of people with developmental disabilities that reside in residences certified or approved by the office for people with developmental disabilities.

2019-A3150 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3150
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 28, 2019
                                ___________
 
 Introduced by M. of A. ABINANTI -- read once and referred to the Commit-
   tee on Mental Health
 
 AN  ACT  to amend the mental hygiene law, in relation to creating a bill
   of rights for family and guardians of people with developmental  disa-
   bilities that reside in residences certified or approved by the office
   for people with developmental disabilities
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The mental hygiene law is amended by adding a  new  section
 13.04 to read as follows:
 § 13.04 FAMILY BILL OF RIGHTS AND PRIVILEGES.
   (A)  THE  PRINCIPLES IN THE BILL OF RIGHTS AND PRIVILEGES SET FORTH IN
 THIS SECTION ARE DECLARED TO BE  THE PUBLIC POLICY OF THE STATE.
   (B) FOR PURPOSES OF THIS SECTION:
   (1) "QUALIFIED PERSONAL REPRESENTATIVE" MEANS A SPOUSE, PARENT,  ADULT
 CHILD,  ADULT  SIBLING,  LEGAL GUARDIAN OR PERSONAL REPRESENTATIVE OF AN
 INDIVIDUAL WITH DEVELOPMENTAL DISABILITIES  WHO  IS  RECEIVING  SERVICES
 FROM A COVERED PROVIDER.
   (2)  "COVERED PROVIDER" MEANS AND INCLUDES ANY ENTITY, PROVIDING RESI-
 DENTIAL SERVICES OR NON-RESIDENTIAL  SERVICES OR PROGRAMS TO ONE OR MORE
 PERSONS WITH A DEVELOPMENTAL DISABILITY, THAT IS LICENSED,  OPERATED  OR
 CERTIFIED BY THE OFFICE.
   (C) IN ADDITION TO ALL OTHER RIGHTS AND PRIVILEGES UNDER LAW, A QUALI-
 FIED  PERSONAL REPRESENTATIVE SHALL HAVE THE FOLLOWING RIGHTS AND PRIVI-
 LEGES SET FORTH BELOW (THE "FAMILY BILL OF RIGHTS AND PRIVILEGES")  WITH
 RESPECT  TO THEIR INDIVIDUAL FAMILY MEMBERS WITH DEVELOPMENTAL DISABILI-
 TIES.
                  "FAMILY BILL OF RIGHTS AND PRIVILEGES"
   A QUALIFIED PERSONAL REPRESENTATIVE SHALL HAVE THE FOLLOWING  GENERAL-
 LY-DESCRIBED  RIGHTS  AND  PRIVILEGES  CONCERNING  A  FAMILY MEMBER WITH
 DEVELOPMENTAL DISABILITIES RECEIVING SERVICES; TO:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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