What's happening
This bill gives adult care facility residents the right to informed consent, refusal of treatment, and to choose their own health care providers.
Why it matters
Enhances resident autonomy by explicitly requiring that adult care facility residents (or their legal representatives) receive full information about medical conditions, treatments, and potential consequences before consenting or refusing care. This supports truly informed decisions rather than passive compliance.
Protects the facility operators from legal or regulatory penalties when they honor a resident's informed refusal of treatment, as long as the operator acts reasonably and in good faith. This reduces the risk of conflict between resident rights and facility liability.
Empowers residents to select their own health care providers for services not included in their admission agreement, as long as these choices align with any insurance or third-party payor restrictions. This provision encourages greater personalization and control over health care, potentially improving satisfaction and outcomes.
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Who cares
Headline styles
Expand Resident Health Rights
Plain English, a few words. Used as the page title.
Sponsors
2 Co-sponsors
History
- Referred to social services
- Print number 1102a
- Amend and recommit to social services
- Referred to social services
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.
Strengthen Adult Care Residents' Rights
In Senate Committee · Social Services · Sponsor Richard Gottfried
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1102--A
2017-2018 Regular Sessions
IN SENATE
January 6, 2017
Introduced by Sen. RIVERA -- read twice and ordered printed, and when printed to be committed to the Committee on Social Services -- 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.
LBD01017-03-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the social services law, in relation to adult care facilities
Purpose
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 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 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.
Legislative history
2014: S5893A 2015-2016: S718
Fiscal implications
This bill is not expected to have a fiscal impact on the State.
Effective date
Thirty days after it shall become law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.