What's happening
This bill gives adult care facility residents the right to refuse medical treatment and choose their own health care providers.
Why it matters
Empowers residents. by ensuring they must be fully informed about their medical condition and proposed treatments, which promotes transparency and supports informed decision-making in their care.
Protects autonomy. by explicitly allowing residents (or their legal representatives) to refuse medication, treatment, or services, as long as they are aware of the consequences—strengthening personal choice, even in institutional settings.
Shields facility operators. from liability when they respect a resident’s informed refusal, as long as they act reasonably and in good faith, potentially reducing legal risks for staff who honor patient rights.
Expands control over care. by affirming residents’ rights to select their own healthcare providers for services not covered by the facility’s admission agreement, subject to insurance or third-party payer rules—giving more flexibility in choosing trusted professionals.
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Who cares
Headline styles
Expand Resident Health Rights
Plain English, a few words. Used as the page title.
Sponsors
History
- Substituted by A1084
- Advanced to third reading
- 2nd report cal.
- 1st report cal.618
- 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 Rights in Care
Signed by Governor · Sponsor Richard Gottfried
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
874
2019-2020 Regular Sessions
IN SENATE
January 9, 2019
Introduced by Sens. RIVERA, KRUEGER, SEPULVEDA -- read twice and ordered printed, and when printed to be committed 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.
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 cf 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
2017-2016: S1102A
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.