S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6069--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 8, 2021
                                ___________
 
 Introduced by M. of A. ABINANTI, BURDICK, GRIFFIN, THIELE, GALEF, ENGLE-
   BRIGHT,  GONZALEZ-ROJAS, ZINERMAN, DINOWITZ, CUSICK, REILLY, BRABENEC,
   TANNOUSIS, MANKTELOW, ANGELINO  --  read  once  and  referred  to  the
   Committee  on People with Disabilities -- reported and referred to the
   Committee on Codes -- reported and referred to the Committee  on  Ways
   and  Means -- committee discharged, bill amended, ordered reprinted as
   amended and recommitted to said committee
 
 AN ACT to amend the mental hygiene law, in relation to creating  a  bill
   of  rights  for individuals with developmental disabilities who 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 RESIDENTS' BILL OF RIGHTS.
   (A) THE PRINCIPLES IN THE BILL OF RIGHTS SET FORTH IN THIS SECTION ARE
 DECLARED TO BE  THE PUBLIC POLICY OF THE STATE.
   (B) FOR PURPOSES OF THIS SECTION:
   (1) "RESIDENT" MEANS AN INDIVIDUAL WITH A DEVELOPMENTAL DISABILITY WHO
 IS RECEIVING SERVICES FROM A COVERED PROVIDER.
   (2)  "QUALIFIED PERSON" MEANS A RESIDENT, THE RESIDENT'S LEGAL GUARDI-
 AN, THE GUARDIAN'S DESIGNEE, THE RESIDENT'S DESIGNEE, OR IF NONE EXISTS,
 IN ORDER OF PRIORITY, A SPOUSE, PARENT, ADULT CHILD OR AN ADULT  SIBLING
 OF THE RESIDENT.
   (3)  "COVERED PROVIDER" MEANS AND INCLUDES ANY ENTITY, PROVIDING RESI-
 DENTIAL SERVICES OR PROGRAMS TO ONE OR MORE PERSONS WITH A DEVELOPMENTAL
 DISABILITY, THAT IS OPERATED, LICENSED, OR CERTIFIED BY THE OFFICE.
   (C) IN ADDITION TO ALL OTHER RIGHTS AND PRIVILEGES UNDER LAW, A  RESI-
 DENT  SHALL HAVE THE RIGHTS SET FORTH BELOW (THE "BILL OF RIGHTS") WHICH

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01457-02-1
              

 A. 6069--A                          2
 
 THE RESIDENT MAY EXERCISE OR ANOTHER QUALIFIED PERSON  MAY  EXERCISE  ON
 THE RESIDENT'S BEHALF.
                             "BILL OF RIGHTS"
   INDIVIDUALS WITH A DEVELOPMENTAL DISABILITY WHO ARE RECEIVING RESIDEN-
 TIAL  SERVICES FROM AN ENTITY THAT IS OPERATED, LICENSED OR CERTIFIED BY
 THE OFFICE OR A QUALIFIED PERSON ON SUCH INDIVIDUAL'S BEHALF SHALL  HAVE
 THE FOLLOWING GENERALLY-DESCRIBED RIGHTS TO:
   BE TREATED WITH CONSIDERATION AND RESPECT.
   PARTICIPATE  IN  AND  PROVIDE  MEANINGFUL  INPUT INTO THE DEVELOPMENT,
 REVIEW AND REVISION OF THE RESIDENT'S CARE PLAN, INCLUDING PLACEMENT  OR
 TRANSFER WITHIN OR BETWEEN FACILITIES.
   ACCESS   INFORMATION  REGARDING  THE  RESIDENT'S  HEALTH  AND  SAFETY,
 CONSISTENT WITH FEDERAL AND STATE CONFIDENTIALITY PROTECTIONS.
   BE NOTIFIED WITHIN A  REASONABLE  TIME  OF  ANY  EVENT  THAT  DIRECTLY
 IMPACTS  THE  RESIDENT'S  HEALTH AND SAFETY, CONSISTENT WITH FEDERAL AND
 STATE CONFIDENTIALITY PROTECTIONS.
   ACCESS ANY AND ALL AUDIO AND VIDEO RECORDINGS WHICH  ARE  RELEVANT  TO
 ANY  INCIDENT  WHICH  AFFECTS  THE  RESIDENT WHETHER OR NOT THE RESIDENT
 APPEARS IN THE AUDIO OR VIDEO.
   ACCESS INFORMATION NECESSARY FOR A QUALIFIED PERSON TO  MAKE  INFORMED
 DECISIONS,  WHEN APPROPRIATE, ABOUT THE RESIDENT'S CARE AND CARE COORDI-
 NATION.
   FINANCIAL TRANSPARENCY, INCLUDING ACCESS TO BUDGETARY  INFORMATION  OF
 THE  FACILITY AND RESIDENT'S EXPENSES, CONSISTENT WITH FEDERAL AND STATE
 CONFIDENTIALITY PROTECTIONS.
   RECEIVE VISITORS WHO VISIT UNANNOUNCED.
   BE INFORMED OF ANY AND ALL STAFFING CHANGES.
   ACCESS A FACILITY'S FIRE AND OTHER SAFETY PLANS  AND  ANY  INFORMATION
 REGARDING A FACILITY'S PASSAGE OR FAILURE OF ANY SAFETY DRILLS CONDUCTED
 BY THE FACILITY AND THE OFFICE.
   ACCESS A FACILITY'S FOOD MENUS.
   CHOOSE A CARE COORDINATOR.
   CONSULT  AND BE REPRESENTED BY AN INDEPENDENT ADVOCATE, MENTAL HYGIENE
 LEGAL SERVICES OR A PRIVATE ATTORNEY; AND IF SERVICES ARE PROVIDED UNDER
 MEDICAID MANAGED CARE, TO HAVE A MEDICAID OMBUDSMAN.
   BE INFORMED IN WRITING IN PLAIN LANGUAGE WITH  UP-TO-DATE  INFORMATION
 ABOUT:
   (I)  THE  SYSTEM  OF  CARE AND SERVICES FOR PERSONS WITH DEVELOPMENTAL
 DISABILITIES, INCLUDING BUT NOT LIMITED TO MANAGED CARE;
   (II) THE LAWS, RULES, AND REGULATIONS  APPLICABLE  TO  THE  RIGHTS  OF
 INDIVIDUALS  WITH  A  DEVELOPMENTAL DISABILITY, THEIR LEGAL GUARDIANS OR
 FAMILY MEMBERS AND OTHER QUALIFIED PERSONS TO PARTICIPATE  IN  DECISIONS
 ABOUT THE INDIVIDUAL'S LIFE AND TO ACCESS INFORMATION, RECORDS, REPORTS,
 CARE PLANS, ETC.; AND
   (III) THE PROCEDURES TO CHALLENGE ANY DECISION AFFECTING THE RESIDENT.
   NOTHING  IN  THIS BILL OF RIGHTS SHALL LIMIT ANY OTHER RIGHT OR PRIVI-
 LEGE UNDER LAW. IF ANY RESIDENTIAL FACILITY SERVICE  PROVIDER  FAILS  TO
 AFFORD  THESE  RIGHTS,  ASSISTANCE  MAY  BE  SOUGHT FROM THE FACILITY OR
 PROVIDER, OR THE OFFICE.
   (D) A QUALIFIED PERSON OTHER THAN A LEGAL GUARDIAN MAY, IN  ACCORDANCE
 WITH  LAW AND APPROPRIATE DUE PROCESS, NOT EXERCISE A RIGHT DESCRIBED IN
 THIS SECTION IF THE RESIDENT, WHO IS COMPETENT TO  DO  SO,  SPECIFICALLY
 AFFIRMS,  IN  A  REASONABLY CONTEMPORANEOUS MANNER, THAT SUCH IDENTIFIED
 QUALIFIED PERSON SHALL NOT BE AFFORDED SUCH SPECIFIC RIGHT. SUCH  DETER-
 MINATION  BY  THE RESIDENT SHALL BE DESCRIBED AND RECORDED IN WRITING IN
 THE CASE FILE BY APPROPRIATE STAFF OF THE FACILITY OR  SERVICE  PROVIDER

 A. 6069--A                          3
 
 AND  A  STATEMENT  OF  REASONS  FOR SUCH DENIAL SHALL BE PROVIDED TO THE
 QUALIFIED PERSON.
   (E)  THE  STATEMENT OF RIGHTS SET FORTH IN THIS SECTION IS INTENDED TO
 BE A GUIDE TO THE RIGHTS OF  A RESIDENT OR A QUALIFIED PERSON.
   (F) NOTHING IN THIS SECTION SHALL BE READ TO LIMIT ANY OTHER RIGHTS OR
 PRIVILEGES THAT A RESIDENT OR A QUALIFIED PERSON MAY HAVE OR  LIMIT  ANY
 ACTION  OR  RELIEF OTHERWISE PERMITTED BY LAW. NOTHING IN THIS  SUBDIVI-
 SION SHALL ALTER OR AFFECT ANY RIGHT OF  APPEAL,  FORMAL  OR  OTHERWISE,
 SUCH RESIDENT OR QUALIFIED PERSON MAY HAVE  CONCERNING THE DENIAL OF ANY
 SUCH RIGHT.
   (G)  EACH COVERED PROVIDER SHALL CONSPICUOUSLY POST A COPY OF THE BILL
 OF RIGHTS IN A PUBLIC PLACE AT EACH OF THE COVERED PROVIDER'S FACILITIES
 AND PROVIDE A COPY TO EACH QUALIFIED PERSON.
   (H) THE COMMISSIONER SHALL:
   (1) POST A COPY OF THE BILL OF RIGHTS ON THE OFFICE'S WEBSITE;
   (2) MAKE COPIES OF THE BILL OF RIGHTS IN  ENGLISH,  AND  THE  TOP  SIX
 LANGUAGES  OTHER  THAN  ENGLISH  SPOKEN  IN  THE STATE (ACCORDING TO THE
 LATEST AVAILABLE DATA FROM THE U.S. BUREAU OF CENSUS)  AVAILABLE TO  THE
 PUBLIC AND EVERY PROVIDER;
   (3)  ESTABLISH  A  PUBLIC  EDUCATION  PROGRAM  DESIGNED TO DISSEMINATE
 INFORMATION REGARDING  IMPLEMENTATION OF THIS SECTION;
   (4) INCLUDE SPECIFIC INFORMATION DETAILING THE EFFORTS OF THE  COMMIS-
 SIONER  TO  EFFECTUATE  THIS SECTION IN THE STATEWIDE COMPREHENSIVE PLAN
 REQUIRED PURSUANT TO SECTION 5.07 OF THIS CHAPTER;
   (5) ADOPT ALL RULES  AND  REGULATIONS  NECESSARY  TO  EFFECTUATE  THIS
 SECTION.
   § 2. This act shall take effect on the one hundred twentieth day after
 it shall have become a law.