What's happening
This bill removes restrictions based on third-party payor coverage, allowing adult care facility residents to freely choose their own health care providers.
Why it matters
Empowers residents. By removing restrictions tied to insurance or third-party payor requirements, this bill gives adult care facility residents (or their legal representatives) more direct control over their own health care choices, fostering greater autonomy and individual rights.
Potentially improves care quality. Residents can now select providers based on quality, reputation, or personal preference rather than being limited to those covered by their insurance, which could lead to better health outcomes and higher satisfaction.
May affect facility operations and costs. Facilities may need to coordinate with a wider range of health care providers and manage more diverse billing or administrative processes, possibly increasing operational complexity or impacting costs for residents who choose out-of-network providers.
Could highlight equity issues. While the bill removes legal barriers, it does not address whether residents’ insurance will pay for chosen providers, potentially creating disparities between those who can afford out-of-network care and those who cannot.
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Who cares
Adult care facility residents
The bill would remove the qualification that their right to choose health care providers for services outside their admission agreements is subject to third-party coverage limitations.
Legally authorized health care decision-makers
Those acting for residents who lack capacity to consent would have the same provider-choice right without the coverage-based qualification.
Adult care facility operators
The bill would change the resident-rights provision governing provider choice for services not covered by admission agreements.
Headline styles
Let Residents Pick Doctors
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Signed chap.83
- Delivered to governor
- Returned to senate
- Passed assembly
- Ordered to third reading cal.398
- Substituted for A9521
- Referred to health
- Delivered to assembly
- Passed senateVote 61–0
- Ordered to third reading cal.114
- Referred to rules
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 Residents Pick Doctors
Assembly Floor Calendar · Sponsor Richard Gottfried
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
7190
IN SENATE
January 10, 2020
Introduced by Sen. RIVERA -- read twice and ordered printed, and when printed to be committed to the Committee on Rules
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. Paragraph (m) of subdivision 3 of section 461-d of the social services law, as added by a chapter of the laws of 2019 amending the social services law relating to adult care facilities, as proposed in legislative bills numbers S. 874 and A. 1084, is amended to read as follows:
(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 same date and in the same manner as a chapter of the laws of 2019 amending the social services law relating to adult care facilities, as proposed in legislative bills numbers S. 874 and A. 1084, takes effect.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03365-02-0
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
This is a chapter amendment that makes changes to provisions of L.2019, c. 646.
Summary of provisions
This legislation removes language that would have unintentionally limit- ed an adult care facility resident's rights to choose his or her own health care provider subject to limitations from the resident's third party payor coverage.
Justification
Pursuant to approval memo 37 of 2019, the Executive noted a technical change that should be made to the bill to ensure that a resident's choice of health care provider is not limited.
Legislative history
Chapter amendment to Chapter 646 of the Laws of 2019.
Fiscal implications
None
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.