Bill Text: NY S05893 | 2013-2014 | General Assembly | Amended

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Bill Title: Relates to rights of residents of adult care facilities; provides that residents have a right to be informed about their condition, treatment and medications.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-01-08 - REFERRED TO SOCIAL SERVICES [S05893 Detail]

Download: New_York-2013-S05893-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        5893--A
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                     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:
    1    Section  1.  Section 2 of the social services law is amended by adding
    2  two new subdivisions 39 and 40 to read as follows:
    3    39. RESIDENT REPRESENTATIVE MEANS A  FAMILY  MEMBER  OR  OTHER  PERSON
    4  DESIGNATED  BY  A RESIDENT OF AN ADULT HOME, ENRICHED HOUSING PROGRAM OR
    5  RESIDENCE FOR ADULTS IN THE ADMISSIONS AGREEMENT TO ADVOCATE  ON  BEHALF
    6  OF  THE  RESIDENT. THE ADMISSIONS AGREEMENT SHALL BE AMENDED AT ANY TIME
    7  AT THE REQUEST OF THE RESIDENT TO DESIGNATE OR CHANGE A RESIDENT  REPRE-
    8  SENTATIVE.
    9    40.  LEGAL  REPRESENTATIVE  MEANS A PERSON AUTHORIZED UNDER APPLICABLE
   10  LAW TO TAKE CERTAIN ACTION ON BEHALF OF A RESIDENT  OF  AN  ADULT  HOME,
   11  ENRICHED  HOUSING  PROGRAM OR RESIDENCE FOR ADULTS. SUCH LEGAL REPRESEN-
   12  TATIVE MAY INCLUDE, BUT IS NOT LIMITED TO, LEGAL  COUNSEL,  A  COURT-AP-
   13  POINTED  GUARDIAN,  AN  ATTORNEY-IN-FACT  UNDER  A POWER OF ATTORNEY, AN
   14  AGENT UNDER A HEALTH CARE PROXY OR  A  REPRESENTATIVE  PAYEE,  DEPENDING
   15  UPON THE ACTION TO BE TAKEN.
   16    S  2.  Subdivision  3  of  section 461-d of the social services law is
   17  amended by adding three new paragraphs (l),  (m)  and  (n)  to  read  as
   18  follows:
   19    (L) EVERY RESIDENT SHALL HAVE THE RIGHT TO BE FULLY INFORMED BY HIS OR
   20  HER  PHYSICIAN,  OR OTHER HEALTH OR MENTAL HEALTH PROVIDER OF HIS OR HER
   21  MEDICAL CONDITION  AND  PROPOSED  MEDICATION,  TREATMENT  AND  SERVICES,
   22  UNLESS MEDICALLY CONTRAINDICATED, AND TO REFUSE MEDICATION, TREATMENT OR
   23  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
    1  PROVIDED THAT AN OPERATOR ACTING REASONABLY AND IN GOOD FAITH, SHALL NOT
    2  BE HELD LIABLE OR PENALIZED FOR COMPLYING WITH THE REFUSAL OF SUCH MEDI-
    3  CATION,  TREATMENT OR SERVICES BY A RESIDENT WHO HAS BEEN FULLY INFORMED
    4  OF THE CONSEQUENCES OF SUCH REFUSAL.
    5    (M)  EVERY  RESIDENT  SHALL  HAVE  THE  RIGHT TO CHOOSE HIS OR HER OWN
    6  HEALTH CARE PROVIDERS FOR SERVICES NOT COVERED BY HIS OR  HER  ADMISSION
    7  AGREEMENT,  SUBJECT TO LIMITATIONS THAT MAY APPLY AS A RESULT OF A RESI-
    8  DENT'S THIRD PARTY PAYOR COVERAGE.
    9    (N) EVERY RESIDENT SHALL HAVE THE RIGHT TO CHOOSE HIS OR HER OWN LEGAL
   10  REPRESENTATIVE AND HIS OR HER OWN RESIDENT REPRESENTATIVE.
   11    S 3. This act shall take effect on the thirtieth day  after  it  shall
   12  have become a law.