senate Bill S874

2019-2020 Legislative Session

Relates to rights of residents of adult care facilities

download bill text pdf

Sponsored By

Current Bill Status Via A1084 - Passed Senate & Assembly


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

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Actions

view actions (9)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 21, 2019 returned to assembly
passed senate
3rd reading cal.618
substituted for s874
May 21, 2019 substituted by a1084
May 13, 2019 advanced to third reading
May 08, 2019 2nd report cal.
May 07, 2019 1st report cal.618
Jan 09, 2019 referred to health

Co-Sponsors

S874 (ACTIVE) - Details

See Assembly Version of this Bill:
A1084
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
2017-2018: S1102, A2463

S874 (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.

S874 (ACTIVE) - Sponsor Memo

S874 (ACTIVE) - Bill Text download pdf


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

                                   874

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                             January 9, 2019
                               ___________

Introduced by Sens. RIVERA, KRUEGER, SEPULVEDA -- read twice and ordered
  printed, and when printed to be committed 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

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