Assembly Bill A7018

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

download bill text pdf

Sponsored By

Archive: Last Bill Status Via S6204 - Signed by Governor

  • 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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2021-A7018 (ACTIVE) - Details

See Senate Version of this Bill:
S6204
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-A7018 (ACTIVE) - Summary

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

2021-A7018 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7018
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 20, 2021
                                ___________
 
 Introduced by M. of A. HEVESI -- read once and referred to the Committee
   on Health
 
 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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