Relates to adult care facilities

1 Co-sponsor

• Jeffrey Dinowitz

BILL NUMBER:A9551

Title of bill

An act to amend the social services law, in relation to adult care facilities

Purpose or general idea of bill

This bill will improve the health, safety and quality of life of New York residents living in adult care facilities.

Summary of specific provisions

The bill adds new SSL §§ 2(38) and (39) to authorize residents of an adult home, enriched housing program or residence for adults to designate a resident representative and a legal representative.

Section 2 of the bill adds new SSL §§ 461-d(3)(1), (m) and (n) to set forth additional rights of each resident of an adult care facility: (1) to choose his or her own health care providers for services not covered by the admission agreement; (2) to be fully informed by the primary care physician or mental health provider of his or her medical condition, proposed medications, treatment and services and the right to refuse such medication, treatment or services after being fully informed of the consequences; and (3) to choose his or her own legal representative.

Justification

Adult homes, enriched housing programs and residences for adults - collectively referred to as adult care facilities - are important models of care that serve as the homes of thousands.of.New York State residents. the bill codifies the right of residents to designate resident representatives and legal representatives and provides that such representatives may not waive any of the rights enumerated in SSL § 461-d(3). The bill also sets forth in statute the rights of residents to choose their own health care providers and be fully informed about treatment and the right to refuse treatment after being fully informed of the consequences. These changes are consistent with the ALR provisions of PHL Article 46-B. which expressly recognize such rights.

Prior legislative history

Drawn from a similar bill (a. departmental) that was introduced in 2007 (A.8701 /S.5155) but did not pass.

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.