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S07107 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         7107--B
            Cal. No. 540
 
                               2021-2022 Regular Sessions
 
                    IN SENATE
 
                                      June 1, 2021
                                       ___________
 
        Introduced  by  Sens. MANNION, GAUGHRAN -- (at request of the Office for
          People with Developmental Disabilities)  --  read  twice  and  ordered
          printed, and when printed to be committed to the Committee on Disabil-
          ities  --  recommitted  to the Committee on Disabilities in accordance
          with Senate Rule 6, sec. 8 -- reported favorably from said  committee,
          ordered  to  first  and  second  report,  ordered  to a third reading,
          amended and ordered reprinted, retaining its place  in  the  order  of
          third  reading  --  passed  by  Senate  and delivered to the Assembly,
          recalled, vote reconsidered, restored to third  reading,  amended  and
          ordered reprinted, retaining its place in the order of third reading
 
        AN  ACT  to amend the mental hygiene law, in relation to supported deci-
          sion-making by people with intellectual, developmental, cognitive  and
          psychosocial disabilities
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. The mental hygiene law is amended by adding a  new  article
     2  82 to read as follows:
     3                                  ARTICLE 82
     4                          SUPPORTED DECISION-MAKING
     5  Section 82.01 Legislative findings and purpose.
     6          82.02 Definitions.
     7          82.03 Presumption of capacity.
     8          82.04 Scope.
     9          82.05 Duties, responsibilities, and authority of supporters.
    10          82.06 Formation and term of agreement.
    11          82.07 Revocation and amendment of agreement.
    12          82.08 Eligibility and resignation of supporters.
    13          82.09 Facilitation of agreement.
    14          82.10 Form of agreement.
    15          82.11 Legal effect of decisions made with support and third-par-
    16                  ty obligations.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09657-09-2

        S. 7107--B                          2
 
     1          82.12 Limitations on liability.
     2          82.13 Supporter notice.
     3          82.14 Reporting  abuse,  coercion, undue influence, or financial
     4                  exploitation.
     5          82.15 Rules and regulations.
     6  § 82.01 Legislative findings and purpose.
     7    (a) The legislature finds that a person's  right  to  make  their  own
     8  decisions  is  critical to their autonomy and self-determination. People
     9  with intellectual, developmental, cognitive and  psychosocial  disabili-
    10  ties  are often denied that right because of stigma and outdated beliefs
    11  about their capability. This right is denied, despite the  reality  that
    12  very  few  people  make  decisions  entirely on their own. Everyone uses
    13  supports, as do people with disabilities; who  may  just  need  more  or
    14  different kinds of supports.
    15    (b) The legislature further finds that the, now well recognized, prac-
    16  tice  of  supported  decision-making  is a way in which many people with
    17  disabilities can make their own decisions with  the  support  they  need
    18  from  trusted persons in their lives, and that supported decision-making
    19  can be a less restrictive alternative to guardianship. Recognizing  that
    20  supported  decision-making  can take a variety of forms, the legislature
    21  finds that a more formal process, resulting in a supported decision-mak-
    22  ing agreement between the person with a disability (the  decision-maker)
    23  and  their  supporter or supporters, can provide the basis for requiring
    24  third parties, who might otherwise question a  person's  legal  capacity
    25  because  of  their  disability, to recognize their decisions on the same
    26  basis as others. When this more formal process is followed, people  with
    27  disabilities  can  make choices confident that they will be respected by
    28  others and knowing they will be solely responsible for their  own  deci-
    29  sions.
    30    (c)  The  legislature further finds that supported decision-making and
    31  supported decision-making agreements should be encouraged when appropri-
    32  ate for persons with disabilities, and that the execution of a supported
    33  decision-making agreement should not detrimentally impact the  eligibil-
    34  ity of a person for other services, including adult protective services.
    35    (d)  The  legislature  also strongly urges relevant state agencies and
    36  civil society to research and develop appropriate and effective means of
    37  support for older persons with cognitive decline, persons with traumatic
    38  brain injuries, and persons with psychosocial disabilities, so that full
    39  legislative recognition can also be accorded to the decisions made  with
    40  supported  decision-making  agreements  by persons with such conditions,
    41  based on a consensus about what kinds of support are most effective  and
    42  how they can best be delivered.
    43  § 82.02 Definitions.
    44    When  used in this article, the following terms shall have the follow-
    45  ing meaning, unless the context or subject matter requires  a  different
    46  interpretation:
    47    (a)  "abuse"  encompasses  physical abuse, sexual abuse, and emotional
    48  abuse, as defined in section four hundred seventy-three  of  the  social
    49  services law.
    50    (b) "adult" means an individual eighteen years of age or older.
    51    (c)  "advance  directive"  means  a legally recognized written or oral
    52  instruction by an adult relating to the provision of health care to  the
    53  adult  if  and when they become incapacitated, including but not limited
    54  to a health care proxy, a consent to the issuance of  an  order  not  to
    55  resuscitate  or other orders for life-sustaining treatment recorded in a

        S. 7107--B                          3
 
     1  patient's medical record,  or  other  legally-recognized  statements  of
     2  wishes or beliefs.
     3    (d)  "decision-maker"  means  an  adult  who has executed, or seeks to
     4  execute, a supported decision-making agreement.
     5    (e) "financial exploitation" has the meaning  given  in  section  four
     6  hundred seventy-three of the social services law.
     7    (f) "good faith" means honest in fact and in the observance of reason-
     8  able standards of fair dealing.
     9    (g)  "neglect" has the meaning defined in paragraph (d) of subdivision
    10  one of section four hundred seventy-three of the social services law.
    11    (h) "physical coercion"  means  to  place  under  duress,  menace,  or
    12  threaten physical violence or imprisonment.
    13    (i)  "supported decision-making" means a way by which a decision-maker
    14  utilizes support from trusted persons in their life, in  order  to  make
    15  their  own  decisions  about  their life, including, but not limited to,
    16  decisions related to where and with whom  the  decision-maker  wants  to
    17  live;  decisions about finances; the services, supports, and health care
    18  the decision-maker wants to receive; and where the decision-maker  wants
    19  to work.
    20    (j)  "supported decision-making agreement" is an agreement a decision-
    21  maker enters into with one or more supporters under  this  section  that
    22  describes  how the decision-maker uses supported decision-making to make
    23  their own decisions. Supported decision-making agreements can either  be
    24  an  informal  arrangement  between  the  decision-maker  and  his or her
    25  supporter or supporters, or one that is in accordance with section 82.11
    26  of this article, which has been reviewed and signed by a facilitator.
    27    (k) "supporter" means an adult who  has  voluntarily  entered  into  a
    28  supported  decision-making  agreement with a decision-maker, agreeing to
    29  assist the decision-maker in making their own decisions as prescribed by
    30  the supported decision-making agreement, and who is not ineligible under
    31  section 82.08 of this article.
    32    (l) "undue influence" means moral or mental coercion that leads  some-
    33  one to carry out the wishes of another instead of their own because they
    34  are unable to refuse or resist.
    35    (m)  "facilitator"  means  an  individual  or entity authorized by the
    36  office for people with developmental disabilities that  works  with  and
    37  educates the decision-maker and his or her supporter or supporters about
    38  supported   decision-making  and  supported  decision-making  agreements
    39  authorized under this article.
    40  § 82.03 Presumption of capacity.
    41    (a) For the purposes of this article, every adult shall be presumed to
    42  have the capacity to enter into a supported  decision-making  agreement,
    43  unless  that  adult has a legal guardian, appointed by a court of compe-
    44  tent jurisdiction, whose granted  authority  is  in  conflict  with  the
    45  proposed  supported  decision-making  agreement. This presumption may be
    46  rebutted only by clear and convincing evidence.
    47    (b) Capacity  shall  include  capacity  with  decision-making  support
    48  and/or accommodations.
    49    (c)  A  diagnosis  of a developmental or other disability or condition
    50  shall not constitute evidence of incapacity.
    51    (d) The manner in which an adult communicates with  others  shall  not
    52  constitute evidence of incapacity.
    53    (e)  Neither the execution of a supported decision-making agreement by
    54  an individual, nor the interest in or wish to execute a supported  deci-
    55  sion-making agreement by an individual, nor the failure of an individual
    56  to  execute a supported decision-making agreement may be used or consid-

        S. 7107--B                          4
 
     1  ered as evidence that the individual lacks  capacity,  or  to  deny  the
     2  decision-maker  benefits to which they are otherwise entitled, including
     3  adult protective services.
     4    (f)  A decision-maker may make and execute a supported decision-making
     5  agreement, if the decision-maker understands that they  are  making  and
     6  executing  an  agreement  with their chosen supporters and that they are
     7  doing so voluntarily.
     8  § 82.04 Scope.
     9    (a) If a decision-maker voluntarily enters into a supported  decision-
    10  making agreement with one or more supporters, the decision-maker may, in
    11  the  agreement,  authorize  the  supporter to provide support to them in
    12  making their own decisions in areas  they  choose,  including,  but  not
    13  limited to: gathering information, understanding and interpreting infor-
    14  mation,  weighing  options and   alternatives to a decision, considering
    15  the consequences of making a decision or not making it, participating in
    16  conversations with third parties if the decision-maker  is  present  and
    17  requests  their  participation, communicating the decision-maker's deci-
    18  sion to third parties if the  decision-maker  is  present  and  requests
    19  their  participation, and providing the decision-maker support in imple-
    20  menting the decision-maker's decision.
    21    (b) Nothing  in  this  article,  nor  the  existence  of  an  executed
    22  supported  decision-making  agreement, shall preclude the decision-maker
    23  from acting independently of the supported decision-making agreement  or
    24  executing,  with  or  without  the  assistance  of  supporters  under  a
    25  supported decision-making agreement, a power  of  attorney  under  title
    26  fifteen  of  article  five  of  the general obligations law, health care
    27  proxy under article twenty-nine-C of the public  health  law,  or  other
    28  advance directive.
    29    (c)  Notwithstanding  the  existence  of  a  supported decision-making
    30  agreement, a decision-maker shall continue to have  unrestricted  access
    31  to their personal information without the assistance of a supporter.
    32    (d)  Notwithstanding  the  existence  of  a  supported decision-making
    33  agreement, a decision-maker may request and receive assistance in making
    34  any decision that is not covered  under  the  supported  decision-making
    35  agreement  at  any  time and from any person, regardless of whether that
    36  person is designated as a supporter  in  the  supported  decision-making
    37  agreement.
    38    (e)  A supported decision-making agreement made pursuant to this arti-
    39  cle may be evidence that  the  decision-maker  has  a  less  restrictive
    40  alternative to guardianship in place.
    41    (f)  The  availability  of supported decision-making agreements is not
    42  intended to limit the informal use of supported decision-making,  or  to
    43  preclude  judicial  consideration  of such informal arrangements as less
    44  restrictive alternatives to guardianship.
    45    (g) Execution of a supported decision-making agreement may  not  be  a
    46  condition of participation in any activity, service, or program.
    47    (h) If a decision-maker seeks from any person professional advice that
    48  would  be  otherwise covered by evidentiary privilege in accordance with
    49  sections forty-five hundred three, forty-five hundred  four,  forty-five
    50  hundred  seven,  forty-five  hundred eight and forty-five hundred ten of
    51  the civil practice law and rules, the inclusion in the conversation of a
    52  supporter authorized  by  the  supported  decision-making  agreement  to
    53  provide  support  in  the  area  in  which  the decision-maker seeks the
    54  professional advice shall not constitute a waiver of that privilege.
    55    (i) Notwithstanding any other provision of law to the contrary,  noth-
    56  ing  within this article shall be construed to prohibit eligibility of a

        S. 7107--B                          5
 
     1  decision-maker for receipt of services or supports that they would  have
     2  otherwise  been  entitled,  including  adult protective services, absent
     3  entering into a supported decision-making agreement under the provisions
     4  of this article.
     5    (j) A supported decision-making agreement made between a decision-mak-
     6  er  and his or her supporter or supporters after consultation and educa-
     7  tion, which is signed by a facilitator shall have the  legal  force  and
     8  effect authorized under section 82.11 of this article.
     9  § 82.05 Duties, responsibilities, and authority of supporters.
    10    (a) A supporter must:
    11    1.  respect  the  decision-maker's right to make a decision, even when
    12  the supporter disagrees with the decision or believes it is not  in  the
    13  decision-maker's best interests;
    14    2. act honestly, diligently, and in good faith;
    15    3.  act within the scope set forth in the executed supported decision-
    16  making agreement;
    17    4. avoid conflicts of interest;
    18    5. notify the decision-maker in writing, and in  a  manner  the  deci-
    19  sion-maker  can  understand,  of  the  supporter's intent to resign as a
    20  supporter; and
    21    6. participate in facilitation  and/or  education  programs  developed
    22  under  regulations  promulgated  by  the office for people with develop-
    23  mental disabilities in order to enter a formal supported decision-making
    24  agreement.
    25    (b) A supporter is prohibited from:
    26    1. making decisions for  the  decision-maker,  except  to  the  extent
    27  otherwise granted in an advance directive;
    28    2. exerting undue influence upon the decision-maker;
    29    3. physically coercing the decision-maker;
    30    4.  obtaining,  without the consent of the decision-maker, information
    31  acquired for a purpose other than assisting the decision-maker in making
    32  a decision authorized by the supported decision-making agreement;
    33    5. obtaining,  without  the  consent  of  the  decision-maker,  or  as
    34  expressly granted by the supported decision-making agreement, and accom-
    35  panied  by  an  appropriate  release,  nonpublic personal information as
    36  defined in 15 U.S.C. § 6809(4)(A), or clinical  records  or  information
    37  under subdivision (c) of section 33.13 of this chapter; and
    38    6.  communicating a decision-maker's decision to a third-party without
    39  the participation and presence of the decision-maker.
    40    (c) The relationship between a decision-maker and a supporter  is  one
    41  of  trust  and  confidence  and  serves  to preserve the decision-making
    42  authority of the decision-maker.
    43    (d) A supporter shall not be  considered  a  surrogate  or  substitute
    44  decision  maker  for the decision-maker and shall not have the authority
    45  to sign legal documents on behalf of  the  decision-maker  or  bind  the
    46  decision-maker  to  a  legal  agreement,  but  may, if such authority is
    47  expressly granted in the supported  decision-making  agreement,  provide
    48  co-signature  together with the decision-maker acknowledging the receipt
    49  of statements of rights and responsibilities in order to permit  partic-
    50  ipation  in  such  programs  or  activities  that the decision-maker has
    51  communicated a choice to participate in.
    52    (e) If expressly granted by the supported  decision-making  agreement,
    53  and  the decision-maker has signed an appropriate release, the supporter
    54  may assist the decision-maker in obtaining educational records under the
    55  Family Educational Rights and Privacy Act of 1974 (20 U.S.C.  §  1232g),
    56  protected  health information under the Health Insurance Portability and

        S. 7107--B                          6
 
     1  Accountability Act of  1996  (45  CFR  §§  164.502,  164.508),  clinical
     2  records  and  information under subdivision (c) of section 33.13 of this
     3  chapter, or patient information under  subdivisions  two  and  three  of
     4  section eighteen of the public health law.
     5    (f)  A  supporter shall ensure the information obtained under subdivi-
     6  sion (e) of this section is kept privileged and confidential, as  appli-
     7  cable, and is not subject to unauthorized access, use, or disclosure.
     8  § 82.06 Formation and term of agreement.
     9    (a)  An  adult may enter into a supported decision-making agreement at
    10  any time if the adult enters into the agreement voluntarily.
    11    (b) A decision-maker may sign a supported decision-making agreement in
    12  any manner, including  electronic  signatures  permitted  under  article
    13  three of the state technology law.
    14    (c)  A supported decision-making agreement formed under the provisions
    15  of this article shall remain in effect unless and until revoked  by  the
    16  decision-maker.
    17  § 82.07 Revocation and amendment of agreement.
    18    (a)  The  decision-maker  may  revoke all or part of a supported deci-
    19  sion-making agreement by notifying the supporters orally or in  writing,
    20  or  by any other act evincing a specific intent to revoke the agreement.
    21  The failure of the decision-maker to notify supporters shall not invali-
    22  date the revocation of all or  part  of  the  supported  decision-making
    23  agreement.
    24    (b)  A  decision-maker may amend a supported decision-making agreement
    25  at any time for any reason, subject to the requirements of this section.
    26  The decision-maker shall notify all supporters of any amendment made  to
    27  the  supported decision-making agreement, but the failure to do so shall
    28  not invalidate the amendment.
    29  § 82.08 Eligibility and resignation of supporters.
    30    (a) A supporter shall be any adult chosen by  the  decision-maker;  if
    31  the  supporter chosen by the decision-maker is an employee of a provider
    32  from whom the decision-maker receives services,  the  employee  and  the
    33  provider shall follow the requirements set out in regulations promulgat-
    34  ed  by  the  office for people with developmental disabilities, or other
    35  appropriate regulatory body  which  address  those  circumstances,  with
    36  attention  paid  to  relative  labor  law and employment obligations and
    37  possible conflicts of interest or the appearance of a conflict of inter-
    38  est.
    39    (b) An individual who has been chosen by the decision-maker  to  be  a
    40  supporter, or who has entered into a supported decision-making agreement
    41  as  a supporter, shall be deemed ineligible to act, or continue to serve
    42  as supporter upon the occurrence of any of the following:
    43    1. a court authorizes a protective order or restraining order  against
    44  the supporter on request of or on behalf of the decision-maker; or
    45    2. the local department of social services has found that the support-
    46  er  has  committed  abuse,  neglect, financial exploitation, or physical
    47  coercion against the decision-maker as such terms are defined in section
    48  82.02 of this article.
    49    (c) A supporter may resign as supporter by written or oral  notice  to
    50  the decision-maker and the remaining supporters.
    51    (d)  If the supported decision-making agreement includes more than one
    52  supporter or is amended to replace the supporter who is ineligible under
    53  subdivision (b) of this section or resigns under subdivision (c) of this
    54  section, the supported decision-making agreement shall survive  for  the
    55  remaining supporters, unless it is otherwise revoked under section 82.07
    56  of this article.

        S. 7107--B                          7
 
     1    (e)  If  the supported decision-making agreement does not include more
     2  than one supporter, and is not amended  to  replace  the  supporter  who
     3  becomes  ineligible  under  subdivision  (b)  of this section or resigns
     4  under subdivision (c) of this  section,  the  supported  decision-making
     5  agreement shall be considered terminated.
     6  § 82.09 Facilitation of agreement.
     7    The  provisions  of  section 82.11 and subdivisions (b) through (d) of
     8  section 82.12 of this article shall only apply in circumstances where  a
     9  decision  is  made by a decision-maker pursuant to a supported decision-
    10  making agreement created in accordance  with  this  article  where  such
    11  decision-maker and his or her supporter or supporters have worked with a
    12  facilitator,  such  supporter  or  supporters have followed a recognized
    13  supported decision-making facilitation or education process  as  defined
    14  and  prescribed by regulations promulgated by the office for people with
    15  developmental disabilities and such facilitator has signed  such  agree-
    16  ment.
    17  § 82.10 Form of agreement.
    18    (a)  A supported decision-making agreement may be in any form consist-
    19  ent with the requirements set forth in this article.
    20    (b) A supported decision-making agreement must:
    21    1. be in writing;
    22    2. be dated;
    23    3. designate the decision-maker, and at least one supporter;
    24    4. list the categories of decisions with which a supporter is  author-
    25  ized to assist the decision-maker;
    26    5.  list  the  kinds  of support that each supporter may give for each
    27  area in which they are designated as a supporter;
    28    6. contain an attestation that the supporters agree to honor the right
    29  of the decision-maker to make their own decisions in the ways and  areas
    30  specified in the agreement, respect the decision-maker's decisions, and,
    31  further, that they will not make decisions for the decision-maker;
    32    7.  state  that  the  decision-maker  may change, amend, or revoke the
    33  supported decision-making agreement at any time for any reason,  subject
    34  to the requirements of section 82.06 of this article;
    35    8. be signed by all designated supporters; and
    36    9. be executed or endorsed by the decision-maker in the presence of at
    37  least  two adult witnesses who are not also designated as supporters, or
    38  with the attestation of a notary public.
    39    (c) A supported decision-making agreement may:
    40    1. appoint more than one supporter;
    41    2. authorize a supporter to obtain personal information  as  described
    42  in subdivision (e) of section 82.05 of this article;
    43    3. authorize a supporter to share information with any other supporter
    44  or others named in the agreement; or
    45    4.  detail  any  other  limitations on the scope of a supporter's role
    46  that the decision-maker deems important.
    47    (d) In order to be subject to the  provisions  of  section  82.11  and
    48  subdivisions  (b)  through  (d)  of  section  82.12  of  this article, a
    49  supported decision-making agreement must also:
    50    1. be signed by a facilitator or educator;
    51    2. include a statement that the  supported  decision-making  agreement
    52  was  made  in accordance with a recognized facilitation and/or education
    53  process; and
    54    3. include an  attached  attestation  by  the  decision-maker  that  a
    55  particular  decision  has  been  made  in  accordance  with  the support
    56  described in the supported decision-making agreement.

        S. 7107--B                          8
 
     1  § 82.11 Legal effect of decisions made  with  support  and  third  party
     2            obligations.
     3    (a)  This  section  shall  apply  only  to  decisions made pursuant to
     4  supported decision-making agreements created  in  accordance  with  this
     5  article  and  following  a  recognized supported decision-making facili-
     6  tation or education process, as prescribed by regulations governing  the
     7  facilitation  and  education  processes  promulgated  by  the office for
     8  people with developmental disabilities.   Additionally,  such  decisions
     9  shall be signed by a facilitator.
    10    (b)  A  decision  or  request made or communicated by a decision-maker
    11  with the assistance of a supporter in accordance with the provisions  of
    12  a  supported  decision-making  agreement must, notwithstanding any other
    13  provision of law, be recognized as the decision or request of the  deci-
    14  sion-maker and may be enforced by the decision-maker in law or equity on
    15  the same basis as  all others.
    16    (c)  A  person,  entity,  or  agency required to recognize and honor a
    17  decision made pursuant to a supported decision-making agreement  author-
    18  ized  by  this  section  may  require  the  decision-maker to execute or
    19  endorse an attestation, as provided in paragraph  three  of  subdivision
    20  (d)  of section 82.10 of this article, as a condition of recognizing and
    21  honoring the decision.
    22    (d) A person, entity, or agency that receives  a  supported  decision-
    23  making  agreement  must  honor  a  decision  made in accordance with the
    24  agreement, unless the person, entity, or agency has substantial cause to
    25  believe the supported decision-making agreement has been revoked, or the
    26  decision-maker is being abused, coerced, unduly  influenced,  or  finan-
    27  cially  exploited  by the supporter, or that the decision will cause the
    28  decision-maker substantial and imminent physical or financial harm.
    29  § 82.12 Limitations on liability.
    30    (a) Subdivisions (b), (c) and (d) of this section shall apply only  to
    31  decisions  made pursuant to supported decision-making agreements created
    32  in accordance with this article which are signed by  a  facilitator  and
    33  following  a recognized supported decision-making facilitation or educa-
    34  tion process, as prescribed by regulations  governing  the  facilitation
    35  and education processes promulgated by the office for people with devel-
    36  opmental disabilities.
    37    (b)  A  person shall not be subject to criminal or civil liability and
    38  shall not be determined to have engaged in professional  misconduct  for
    39  an  act  or omission if the act or omission is done in good faith and in
    40  reliance on a decision made by  a  decision-maker  pursuant  to  a  duly
    41  executed  supported decision-making agreement created in accordance with
    42  this article.
    43    (c) Any health care provider that provides health care  based  on  the
    44  consent  of  a decision-maker, given with support or assistance provided
    45  through a duly executed supported decision-making agreement  created  in
    46  accordance  with  this article, shall be immune from any action alleging
    47  that the decision-maker lacked capacity  to  provide  informed  consent,
    48  unless  the  entity,  custodian, or organization had actual knowledge or
    49  notice that the decision-maker had revoked the supported decision-making
    50  agreement, or that the supporter had committed abuse, physical coercion,
    51  undue influence, or financial exploitation with respect to the  decision
    52  to grant consent.
    53    (d)  Any  public  or  private  entity, custodian, or organization that
    54  discloses personal information about a decision-maker in reliance on the
    55  terms of a duly executed supported decision-making agreement created  in
    56  accordance  with this article, to a supporter authorized by the terms of

        S. 7107--B                          9
 
     1  the supported decision-making agreement to assist the decision-maker  in
     2  accessing,  collecting,  or obtaining that information under subdivision
     3  (e) of section 82.05 of this article, shall be immune  from  any  action
     4  alleging  that it improperly or unlawfully disclosed such information to
     5  the supporter unless the entity, custodian, or organization  had  actual
     6  knowledge that the decision-maker had revoked such authorization.
     7    (e) This section may not be construed to provide immunity from actions
     8  alleging that a health care provider, or other third party, has done any
     9  of the following:
    10    1.  caused  personal  injury  as a result of a negligent, reckless, or
    11  intentional act;
    12    2. acted inconsistently with the expressed wishes of a decision-maker;
    13    3. failed to provide information to  either  decision-maker  or  their
    14  supporter that would be necessary for informed consent; or
    15    4. otherwise acted inconsistently with applicable law.
    16    (f)  The  existence  or  availability  of  a supported decision-making
    17  agreement does not relieve a health care provider, or other third party,
    18  of any legal obligation to provide services to individuals with disabil-
    19  ities, including the obligation to provide reasonable accommodations  or
    20  auxiliary  aids and services, including, but not limited to, interpreta-
    21  tion services and communication supports to individuals  with  disabili-
    22  ties  under  the  federal  Americans  with Disabilities Act (42 U.S.C. §
    23  12101).
    24  § 82.13 Supporter notice.
    25    (a) If any state or municipal law requires that an agency, entity,  or
    26  person  provide a prescribed notice to a decision-maker, and the agency,
    27  entity, or person  required  to  provide  such  notice  has  received  a
    28  supported decision-making agreement from a decision-maker that specifies
    29  that  a supporter is also to receive a copy of any such notice, then the
    30  agency, entity, or person in possession of the supported decision-making
    31  agreement shall also provide the specified supporter with a copy of such
    32  notice.
    33    (b) Notwithstanding the provisions of this subsection, if any state or
    34  municipal law requires that an  agency,  entity,  or  person  provide  a
    35  prescribed notice to a decision-maker and such notice includes protected
    36  information, including private health information or educational records
    37  protected  by state or federal law, such notice shall not be provided to
    38  the specified supporter unless the supported  decision-making  agreement
    39  is  accompanied  by  a  release  authorizing  the specified supporter to
    40  obtain the protected information.
    41  § 82.14 Reporting abuse, coercion, undue influence, or financial exploi-
    42            tation.
    43    (a) Any person who receives a copy of or an original  supported  deci-
    44  sion-making  agreement  and  has  cause to believe the decision-maker is
    45  being abused, physically coerced, or financially exploited by a support-
    46  er, may report  the  alleged  abuse,  physical  coercion,  or  financial
    47  exploitation  to  adult  protective  services  pursuant  to section four
    48  hundred seventy-three of the social services law.
    49    (b) Nothing in this section may be construed as eliminating or  limit-
    50  ing  a person's duty or requirement to report under any other statute or
    51  regulation.
    52  § 82.15 Rules and regulations.
    53    (a) The commissioner of the office for people with developmental disa-
    54  bilities shall promulgate within one year of the passage of this act the
    55  rules and regulations necessary to implement this article for adults who
    56  receive or are eligible to receive services that  are  operated,  certi-

        S. 7107--B                         10

     1  fied,  funded  or  approved  by the office for people with developmental
     2  disabilities.
     3    (b)  Additional regulations related to this article may be promulgated
     4  by state agencies whose service populations may benefit from the  imple-
     5  mentation of supported decision-making.
     6    §  2.  This  act  shall take effect ninety days from the date that the
     7  regulations issued in accordance with section one of this act appear  in
     8  the  New  York State Register, or the date such regulations are adopted,
     9  whichever is later; and   provided   that the   commissioner  of  mental
    10  hygiene  shall  notify the legislative bill drafting commission upon the
    11  occurrence  of  the  appearance of the regulations in the New York State
    12  Register or the date such regulations are adopted, whichever  is  later,
    13  in  order that the commission may maintain an accurate and timely effec-
    14  tive data base of the official text of  laws  of  the   state   of   New
    15  York in furtherance of effectuating the  provisions of section 44 of the
    16  legislative law and section 70-b of the public officers law.
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