What's happening
This bill grants adult care facility residents the right to be fully informed about, refuse, and choose providers for their medical care.
Why it matters
Empowers residents (or their legal representatives) with the explicit right to be fully informed about their medical condition, proposed treatments, and potential consequences of refusing care, fostering informed decision-making and personal autonomy.
Legally protects adult care facility operators from liability or penalties when they honor a resident’s (or authorized person’s) informed refusal of medication, treatment, or services, as long as the operator acts reasonably and in good faith.
Establishes a clear right for residents to select their own health care providers for services not covered by the facility’s admission agreement, though this is subject to any restrictions from insurance or third-party payors, increasing residents’ control over their care.
Clarifies procedures for residents who lack decision-making capacity, ensuring that legally authorized surrogates are granted the same rights to information and consent, which supports vulnerable populations and aligns with broader principles of patient rights.
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Who cares
Headline styles
Strengthen Adult Care Residents' Rights
Plain English, a few words. Used as the page title.
Sponsors
History
- Referred to social services
- Delivered to senate
- Passed assembly
- Ordered to third reading cal.195
- Advanced to third reading cal.326
- Reported
- Print number 2463a
- Amend and recommit to health
- Referred to health
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Expand Resident Health Rights
In Senate Committee · Social Services · Sponsor Gustavo Rivera
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
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 Assembly, do enact as follows:
Section 1. Subdivision 3 of section 461-d of the social services law is amended by adding two new paragraphs (l) and (m) to read as follows:
(l) Every resident or, in the case of a person who lacks capacity to consent to his or her health care, a person legally authorized to consent on behalf of the resident, shall have the right to be fully informed by his or her physician, or other health or mental health provider of his or her medical condition and proposed medication, treatment and services, unless medically contraindicated, and to refuse medication, treatment or services after being fully informed of the consequences of such actions; provided that an operator acting reasonably and in good faith, shall not be held liable or penalized for complying with the refusal of such medication, treatment or services by a resident or, in the case of a person who lacks capacity to consent to his or her health care, a person legally authorized to consent on behalf of the resident, who has been fully informed of the consequences of such refusal.
(m) Every resident or, in the case of a person who lacks capacity to consent to his or her health care, a person legally authorized to consent on behalf of the resident, shall have the right to choose the resident's own health care providers for services not covered by his or her admission agreement, subject to limitations that may apply as a result of a resident's third party payor coverage.
§ 2. This act shall take effect on the thirtieth day after it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01017-02-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.