Bill Text: NY S00874 | 2019-2020 | General Assembly | Introduced

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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 5-0)

Status: (Passed) 2019-12-13 - approval memo.37 [S00874 Detail]

Download: New_York-2019-S00874-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                           874
                               2019-2020 Regular Sessions
                    IN SENATE
                                     January 9, 2019
                                       ___________
        Introduced by Sens. RIVERA, KRUEGER, SEPULVEDA -- read twice and ordered
          printed, and when printed to be committed to the Committee on Health
        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.
                                                                   LBD03365-01-9