What's happening
This bill grants adult care facility residents the right to be fully informed and to refuse treatment, and to choose their own health care providers.
Why it matters
Empowers residents with greater control over their own medical care. by ensuring they (or their legal representatives) are fully informed about their condition, treatments, and options, which supports autonomy and informed decision-making.
Protects the legal right to refuse unwanted medications, treatments, or services. as long as residents are fully informed of the consequences—helping to prevent unwanted or unnecessary medical interventions.
Reduces liability for care facility operators who respect residents’ informed refusals. , provided they act reasonably and in good faith, which may encourage facilities to honor patient choices without fear of penalty.
Allows residents to select their own health care providers. (for services not included in admission agreements and within insurance limits), promoting personal choice and potentially improving satisfaction with care.
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
Headline styles
Expand Resident Rights in Care
Plain English, a few words. Used as the page title.
Sponsors
History
- Approval memo.37
- Signed chap.646
- Delivered to governor
- Returned to assembly
- Passed senateVote 61–0
- 3rd reading cal.618
- Substituted for S874
- Referred to health
- Delivered to senate
- Passed assembly
- Advanced to third reading cal.36
- Reported
Show 1 earlier action
- 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
Senate Floor Calendar · Sponsor Gustavo Rivera
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
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 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.
LBD03365-01-9
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.