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Senate Bill S6204

Signed By Governor

2021-2022 Legislative Session

Requires residential health care facilities to document the reason for an individual requesting a voluntary transfer or discharge

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Archive: Last Bill Status - Signed by Governor

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2021-S6204 (ACTIVE) - Details

See Assembly Version of this Bill:
A7018
Law Section:
Public Health Law
Laws Affected:
Amd §2803-z, Pub Health L; amd §3, Chap of 2021 (as proposed in S.3058 & A.3919)

2021-S6204 (ACTIVE) - Summary

Requires residential health care facilities to document the reason for an individual requesting a voluntary transfer or discharge.

2021-S6204 (ACTIVE) - Sponsor Memo

2021-S6204 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6204
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              April 15, 2021
                                ___________
 
 Introduced  by  Sen.  RIVERA -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the public health law, in relation to requiring residen-
   tial health care facilities to document the reason for  an  individual
   requesting  a  voluntary transfer or discharge; and to amend a chapter
   of the laws of 2021 relating  to  establishing  requirements  for  the
   transfer,  discharge  and  voluntary discharge from residential health
   care facilities, in relation to the effectiveness thereof
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision 3 of section 2803-z of the public health law,
 as added by a chapter of the laws of 2021, amending  the  public  health
 law  relating  to  establishing requirements for the transfer, discharge
 and voluntary discharge from  residential  health  care  facilities,  as
 proposed  in  legislative  bills numbers S. 3058 and A. 3919, is amended
 and a new subdivision 4 is added to read as follows:
   3. A residential health care facility shall not compel or  attempt  to
 compel  an  individual  to  voluntarily  transfer  or discharge from the
 facility.   IN THE EVENT  A  RESIDENT  SEEKS  A  VOLUNTARY  TRANSFER  OR
 DISCHARGE,  THE  FACILITY  SHALL  DOCUMENT,  AS  PART  OF THE RESIDENT'S
 MEDICAL RECORDS, THE REASON  THE  RESIDENT  IS  SEEKING  A  TRANSFER  OR
 DISCHARGE.  IF  THE  RESIDENT DECLINES TO PROVIDE A REASON, THE FACILITY
 SHALL DOCUMENT THAT IN THE RESIDENT'S MEDICAL RECORD.
   4. NOTHING IN THIS SECTION SHALL DIMINISH A RESIDENT'S RIGHTS TO INDE-
 PENDENT PERSONAL DECISIONS AND KNOWLEDGE OF AVAILABLE CHOICES, NOR SHALL
 IT DIMINISH THE FACILITY'S RESPONSIBILITY TO ENCOURAGE AND ASSIST IN THE
 FULLEST POSSIBLE EXERCISE OF THOSE RIGHTS  UNDER  SECTION  TWO  THOUSAND
 EIGHT HUNDRED THREE-C OF THIS ARTICLE, OR OTHER APPLICABLE LAW.
   § 2. Section 3 of a chapter of the laws of 2021 relating to establish-
 ing  requirements  for  the  transfer, discharge and voluntary discharge
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01778-02-1

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