Relates to rights of residents of adult care facilities; provides that residents have a right to be informed about their condition, treatment and medications.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A2463A
SPONSOR: Gottfried TITLE OF BILL: An act to amend the social services law, in relation
to adult care facilities
PURPOSE OR GENERAL IDEA OF BILL:
To require that residents be fully informed about their health care
services, to consent or refuse such services, and be able to choose
their own providers for services beyond the facility contract.
SUMMARY OF SPECIFIC PROVISIONS:
The bill adds 2 new paragraphs to SSL § 461-d(3) to set forth additional
rights of each resident of an adult care facility to be fully informed
of his or her medical condition, proposed medications, treatment and
services, and to consent or refuse such medication, treatment or
services after being fully informed of the consequences. The bill would
indemnify the facility for complying with the refusal of care. The bill
would also empower a resident to choose his or her own health care
providers for services not covered by the facility contract.
JUSTIFICATION:
Adult homes, enriched housing programs, and residences for adults
collectively referred to as adult care facilities - are the homes of
thousands of New York State residents, many of whom receive Medicaid
services through an individual service plan as part of the facility
contract. This bill codifies each resident's rights in relation to his
or her health care decision making to be consistent with provisions of
Public Health Law applying to private-pay residential facilities as well
as surrogate decision making.
This bill will improve the health, safety and quality of life of New
York residents living in adult care facilities.
PRIOR LEGISLATIVE HISTORY:
2009-2010: A.9551-A - passed Assembly
2011-2012: A.595 - passed Assembly
2013-2014: A.2695-A - passed Assembly
2015-2016: A.2283 - passed Assembly
FISCAL IMPLICATIONS:
This bill is not expected to have a fiscal impact on the State.
EFFECTIVE DATE:
Thirty days after it shall have become a law.
STATE OF NEW YORK
________________________________________________________________________
2463--A
2017-2018 Regular Sessions
IN ASSEMBLY
January 20, 2017
___________
Introduced by M. of A. GOTTFRIED, DINOWITZ, ROSENTHAL, SEPULVEDA, D'URSO
-- read once and referred to the Committee on Health -- 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. Subdivision 3 of section 461-d of the social services law
2 is amended by adding two new paragraphs (l) and (m) to read as follows:
3 (l) Every resident or, in the case of a person who lacks capacity to
4 consent to his or her health care, a person legally authorized to
5 consent on behalf of the resident, shall have the right to be fully
6 informed by his or her physician, or other health or mental health
7 provider of his or her medical condition and proposed medication, treat-
8 ment and services, unless medically contraindicated, and to refuse medi-
9 cation, treatment or services after being fully informed of the conse-
10 quences of such actions; provided that an operator acting reasonably and
11 in good faith, shall not be held liable or penalized for complying with
12 the refusal of such medication, treatment or services by a resident or,
13 in the case of a person who lacks capacity to consent to his or her
14 health care, a person legally authorized to consent on behalf of the
15 resident, who has been fully informed of the consequences of such
16 refusal.
17 (m) Every resident or, in the case of a person who lacks capacity to
18 consent to his or her health care, a person legally authorized to
19 consent on behalf of the resident, shall have the right to choose the
20 resident's own health care providers for services not covered by his or
21 her admission agreement, subject to limitations that may apply as a
22 result of a resident's third party payor coverage.
23 § 2. This act shall take effect on the thirtieth day after it shall
24 have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01017-02-7
