Relates to rights of residents of adult care facilities; provides that residents have a right to be informed about their condition, treatment and medications.
TITLE OF BILL: An act to amend the social services law, in relation to adult care facilities
PURPOSE OR GENERAL IDEA OF BILL:
This bill will improve the health, safety and quality of life of New York residents living in adult care facilities.
SUMMARY OF SPECIFIC PROVISIONS: The bill adds new SSL §§ 2(39) and (40) to authorize residents of an adult home, enriched housing program or residence for adults to designate a resident representative and a legal representative.
Section 2 of the bill adds new SSL §§ 461-d(3)(1), (m) and (n) to set forth additional rights of each resident of an adult care facility:
(1) to choose his or her own health care providers for services not covered by the admission agreement; (2) to be fully informed by the primary care physician or mental health provider of his or her medical condition, proposed medications, treatment and services and the right to refuse such medication, treatment or services after being fully informed of the consequences; and (3) to choose his or her own legal representative.
Adult homes, enriched housing programs and residences for adults collectively referred to as adult care facilities - are important models of care that serve as the homes of thousands of New York State residents. The bill codifies the right of residents to designate resident. representatives and legal representatives and provides that such representatives may not waive any of the rights enumerated in SSL § 461-d(3). The bill also sets forth in statute the rights of residents to choose their own health care providers and be fully informed about treatment and the right to refuse treatment after being fully informed of the consequences. These changes are consistent with the ALR provisions of PM, Article 46-8 which expressly recognize such rights.
PRIOR LEGISLATIVE HISTORY:
2009-2010: A.9551-A - passed Assembly 2011-2012: A.595 - passed Assembly
This bill is not expected to have a fiscal impact on the State.
Thirty days after it shall have become a law.
STATE OF NEW YORK ________________________________________________________________________ 5893--A 2013-2014 Regular Sessions IN SENATE June 19, 2013 ___________Introduced by Sen. RIVERA -- read twice and ordered printed, and when printed to be committed to the Committee on Rules -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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. Section 2 of the social services law is amended by adding two new subdivisions 39 and 40 to read as follows: 39. RESIDENT REPRESENTATIVE MEANS A FAMILY MEMBER OR OTHER PERSON DESIGNATED BY A RESIDENT OF AN ADULT HOME, ENRICHED HOUSING PROGRAM OR RESIDENCE FOR ADULTS IN THE ADMISSIONS AGREEMENT TO ADVOCATE ON BEHALF OF THE RESIDENT. THE ADMISSIONS AGREEMENT SHALL BE AMENDED AT ANY TIME AT THE REQUEST OF THE RESIDENT TO DESIGNATE OR CHANGE A RESIDENT REPRE- SENTATIVE. 40. LEGAL REPRESENTATIVE MEANS A PERSON AUTHORIZED UNDER APPLICABLE LAW TO TAKE CERTAIN ACTION ON BEHALF OF A RESIDENT OF AN ADULT HOME, ENRICHED HOUSING PROGRAM OR RESIDENCE FOR ADULTS. SUCH LEGAL REPRESEN- TATIVE MAY INCLUDE, BUT IS NOT LIMITED TO, LEGAL COUNSEL, A COURT-AP- POINTED GUARDIAN, AN ATTORNEY-IN-FACT UNDER A POWER OF ATTORNEY, AN AGENT UNDER A HEALTH CARE PROXY OR A REPRESENTATIVE PAYEE, DEPENDING UPON THE ACTION TO BE TAKEN. S 2. Subdivision 3 of section 461-d of the social services law is amended by adding three new paragraphs (l), (m) and (n) to read as follows: (L) EVERY 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, TREATMENT AND SERVICES, UNLESS MEDICALLY CONTRAINDICATED, AND TO REFUSE MEDICATION, TREATMENT OR SERVICES AFTER BEING FULLY INFORMED OF THE CONSEQUENCES OF SUCH ACTIONS;EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01436-03-3 S. 5893--A 2
PROVIDED THAT AN OPERATOR ACTING REASONABLY AND IN GOOD FAITH, SHALL NOT BE HELD LIABLE OR PENALIZED FOR COMPLYING WITH THE REFUSAL OF SUCH MEDI- CATION, TREATMENT OR SERVICES BY A RESIDENT WHO HAS BEEN FULLY INFORMED OF THE CONSEQUENCES OF SUCH REFUSAL. (M) EVERY RESIDENT SHALL HAVE THE RIGHT TO CHOOSE HIS OR HER 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 RESI- DENT'S THIRD PARTY PAYOR COVERAGE. (N) EVERY RESIDENT SHALL HAVE THE RIGHT TO CHOOSE HIS OR HER OWN LEGAL REPRESENTATIVE AND HIS OR HER OWN RESIDENT REPRESENTATIVE. S 3. This act shall take effect on the thirtieth day after it shall have become a law.