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A01084 Summary:

BILL NOA01084
 
SAME ASSAME AS S00874
 
SPONSORGottfried
 
COSPNSRDinowitz, Rosenthal L, D'Urso, Galef, Reyes, Sayegh, DeStefano, Smullen, Salka
 
MLTSPNSR
 
Amd 461-d, Soc Serv L
 
Relates to rights of residents of adult care facilities; provides that residents have a right to be informed about their condition, treatment and medications.
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A01084 Actions:

BILL NOA01084
 
01/14/2019referred to health
02/04/2019reported
02/07/2019advanced to third reading cal.36
02/12/2019passed assembly
02/12/2019delivered to senate
02/12/2019REFERRED TO HEALTH
05/21/2019SUBSTITUTED FOR S874
05/21/20193RD READING CAL.618
05/21/2019PASSED SENATE
05/21/2019RETURNED TO ASSEMBLY
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A01084 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A1084
 
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 2017-2018: A.2463-A - advanced to third reading   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.
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A01084 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1084
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 14, 2019
                                       ___________
 
        Introduced  by M. of A. GOTTFRIED, DINOWITZ, L. ROSENTHAL, D'URSO, GALEF
          -- read once and referred 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
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