Assembly Bill A424A

2015-2016 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

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Archive: Last Bill Status - In Senate Committee Mental Health And Developmental Disabilities 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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Bill Amendments

co-Sponsors

multi-Sponsors

2015-A424 - Details

See Senate Version of this Bill:
S3634
Current Committee:
Senate Mental Health And Developmental Disabilities
Law Section:
Mental Hygiene Law
Laws Affected:
Add §13.04, Ment Hyg L
Versions Introduced in Other Legislative Sessions:
2013-2014: A7312, S5223
2017-2018: A5482, S1157
2019-2020: A3150, S3789
2021-2022: A6069, S6695

2015-A424 - 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.

2015-A424 - Bill Text download pdf

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

                                   424

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced by M. of A. ABINANTI, GUNTHER, OTIS, ROBERTS, PEOPLES-STOKES,
  RAIA  --  Multi-Sponsored by -- M. of A. ARROYO, CLARK, MAYER, SCHIMEL
  -- read once and referred to the Committee 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:
S 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"

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03401-01-5
              

co-Sponsors

multi-Sponsors

2015-A424A (ACTIVE) - Details

See Senate Version of this Bill:
S3634
Current Committee:
Senate Mental Health And Developmental Disabilities
Law Section:
Mental Hygiene Law
Laws Affected:
Add §13.04, Ment Hyg L
Versions Introduced in Other Legislative Sessions:
2013-2014: A7312, S5223
2017-2018: A5482, S1157
2019-2020: A3150, S3789
2021-2022: A6069, S6695

2015-A424A (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.

2015-A424A (ACTIVE) - Bill Text download pdf

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

                                 424--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced by M. of A. ABINANTI, GUNTHER, OTIS, ROBERTS, PEOPLES-STOKES,
  RAIA,  McDONALD,  BICHOTTE,  BARRETT -- Multi-Sponsored by -- M. of A.
  ARROYO, CLARK, MAYER, SCHIMEL, SOLAGES -- read once  and  referred  to
  the Committee on Mental Health -- reported and referred to the Commit-
  tee  on Codes -- 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 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:
S 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03401-02-5
              

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