What's happening
This bill requires that, when someone is involuntarily admitted to a mental health facility, their or their guardian's choice of facility must be respected, unless care and safety concerns exist.
Why it matters
Empowers patients and guardians. By allowing individuals or their guardians to choose the facility for involuntary admission, the bill gives them a greater sense of agency and involvement in critical mental health decisions, which can be important for dignity and trust in the process.
Ensures appropriate care and safety. The bill balances patient choice with clinical judgment, ensuring that a chosen facility can meet the necessary level of care, has bed availability, and that patient health and safety are not compromised in emergencies or high-risk situations.
Could impact facility operations and access. Hospitals and psychiatric facilities may need to coordinate more closely to honor patient or guardian preferences, which could affect bed management, transfer processes, and possibly lead to shifts in demand across facilities.
Addresses equity and transparency. By formalizing the right to choose (within limits), the bill could reduce disparities where individuals from certain backgrounds may have been more likely to be placed in less desirable or less suitable facilities without input.
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Who cares
Headline styles
Let Patients Choose Hospitals
Plain English, a few words. Used as the page title.
Sponsors
2 Co-sponsors
History
- Referred to mental health and developmental disabilities
- Committed to rules
- Advanced to third reading
- 2nd report cal.
- 1st report cal.658
- Referred to mental health and developmental disabilities
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.
Let Patients Choose Facilities
In Assembly Committee · Alcoholism And Drug Abuse · Sponsor Thomas Abinanti
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2942
2017-2018 Regular Sessions
IN SENATE
January 18, 2017
Introduced by Sens. HAMILTON, CARLUCCI, ORTT -- read twice and ordered printed, and when printed to be committed to the Committee on Mental Health and Developmental Disabilities
AN ACT to amend the mental hygiene law, in relation to involuntary admittance
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 9.27 of the mental hygiene law is amended by adding a new subdivision (j) to read as follows:
(j) When there is an initial involuntary admittance to an in-patient facility pursuant to this section, the person's or the person's guardian's choice of facility shall be respected; provided, however, such choice shall be subject to the facility's ability to provide the person's necessary level of care and the availability of a bed within a reasonable time period, and provided that honoring such choice would not jeopardize the health and safety of the individual in the examining physician's professional judgment taking into account mitigating factors including but not limited to the individual's anticipated duration of stay, and level of medical emergency.
§ 2. Section 9.39 of the mental hygiene law is amended by adding a new subdivision (d) to read as follows:
(d) When there is an initial involuntary admittance to an in-patient facility pursuant to section 9.27 of this article, the person's or the person's guardian's choice of facility shall be respected; provided, however, such choice shall be subject to the facility's ability to provide the person's necessary level of care and the availability of a bed within a reasonable time period, and provided that honoring such choice would not jeopardize the health and safety of the individual in the examining physician's professional judgment taking into account mitigating factors including but not limited to the individual's anticipated duration of stay, and level of medical emergency.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04522-01-7
S. 2942 2
§ 3. This act shall take effect on the one hundred twentieth day after it shall have become a law; provided, however, that effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized and directed to be made and completed on or before such effective date.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the mental hygiene law, in relation to involuntary admittance
Purpose
The purpose of the bill is to respect a patient's choice of facility when being initially admitted involuntarily for treatment.
Summary of provisions
Section 1 amends section 9.27 of the mental hygiene law to require that when there is an initial involuntary admittance to an inpatient facility the person's or the person's guardian's choice of facility shall be respected. However, if the facility cannot provide an appropriate level of care or there is no bed available the patient's choice can be waived or if the health and safety of the individual would be jeopardized as well as other mitigating factors.
Section 2 amend section 9.39 of the mental hygiene law to require that when there is an initial involuntary admittance to an in-patient facility the person's or the person's guardian's choice of facility shall be respected. However, if the facility cannot provide an appropriate level of care or there is no bed available the patient's choice can be waived or if the health and safety of the individual would be jeopardize as well as other mitigating factors.
Justification
An individual with a mental illness should continue to have a choice in where they will receive services. An individual may have received services in the past at a certain facility where they may have the most success receiving services. Upon involuntary admittance the individual's choice should be upheld. However, in certain circumstances a person's choice may not be appropriate or may not meet the level of care they may require. The bill provides for circumstances in which a person's choice may be waived. These circumstances include when the facility of choice for a patient is not appropriate to meet the level of care that is needed or there is currently not a bed available for the person. In these cases the person's right of choice can be waived, in order to ensure the person receives immediate and appropriate care.
Legislative history
S5453a of the 2015/16 Session S3650a of the 2015/16 Session
Fiscal implications
To be determined
Effective date
Takes effect on the 120th day after it becomes law. Effective immediately is the addition, amendment, or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized and directed to be made and completed on or before such effective date.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.