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A07312 Summary:

BILL NO    A07312B

SAME AS    SAME AS S05223-B

SPONSOR    Abinanti

COSPNSR    Weisenberg, Gunther, Otis, Roberts, Peoples-Stokes, Raia

MLTSPNSR   Arroyo, Clark, Mayer, McDonald, Schimel

Add S13.04, Ment Hyg L

Relates to the creation of a bill of rights for family and guardians of people
with developmental disabilities that reside in residences funded, licensed and
operated by the office for people with developmental disabilities.
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A07312 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                        7312--B

                              2013-2014 Regular Sessions

                                 I N  A S S E M B L Y

                                     May 10, 2013
                                      ___________

       Introduced  by  M.  of  A. ABINANTI, WEISENBERG, GUNTHER, OTIS, ROBERTS,
         PEOPLES-STOKES, RAIA -- Multi-Sponsored by -- M. of A. ARROYO,  CLARK,
         McDONALD, SCHIMEL -- read once and referred to the Committee on Mental
         Health  --  committee  discharged,  bill amended, ordered reprinted as
         amended and recommitted  to  said  committee  --  recommitted  to  the
         Committee  on Mental Health in accordance with Assembly Rule 3, sec. 2
         -- committee discharged, bill amended, ordered  reprinted  as  amended
         and recommitted to said committee

       AN  ACT  to amend the mental hygiene law, in relation to creating a bill
         of rights for family and guardians of people with developmental  disa-
         bilities  that  reside  in residences funded, licensed and operated by
         the office for people with developmental disabilities

         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section  1.  The mental hygiene law is amended by adding a new section
    2  13.04 to read as follows:
    3  S 13.04 FAMILY BILL OF RIGHTS.
    4    (A) THE PRINCIPLES ENUNCIATED IN SUBDIVISION (D) OF THIS  SECTION  ARE
    5  DECLARED  TO BE THE PUBLIC POLICY OF THE STATE AND A COPY OF SUCH STATE-
    6  MENT OF RIGHTS SHALL BE POSTED CONSPICUOUSLY IN A PUBLIC PLACE  IN  EACH
    7  PROVIDER  OF  SERVICES  AND  RESIDENTIAL  FACILITY OPERATED, LICENSED OR
    8  FUNDED BY THE OFFICE. FOR PURPOSES OF THIS  SECTION,  "QUALIFIED  FAMILY
    9  MEMBER"  MEANS  A PARENT, SPOUSE, ADULT SIBLING OR AN ADULT CHILD OF THE
   10  RESIDENT.
   11    (B) THE  COMMISSIONER  SHALL  MAKE  AVAILABLE  TO  EVERY  PROVIDER  OF
   12  SERVICES  AND  RESIDENCE  OPERATED, LICENSED OR FUNDED BY THE OFFICE, ON
   13  THE OFFICE'S WEBSITE A COPY OF  THE  STATEMENT  OF  RIGHTS  PROVIDED  IN
   14  SUBDIVISION  (D)  OF  THIS  SECTION IN ENGLISH AND THE TOP SIX LANGUAGES
   15  OTHER THAN ENGLISH SPOKEN IN THE STATE ACCORDING TO THE LATEST AVAILABLE
   16  DATA FROM THE U.S. BUREAU OF CENSUS, AND SHALL ADOPT ANY RULES AND REGU-

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD10708-16-4
       A. 7312--B                          2

    1  LATIONS NECESSARY TO ENSURE THAT SUCH QUALIFIED FAMILY MEMBERS AND GUAR-
    2  DIANS ARE TREATED IN ACCORDANCE WITH THE PROVISIONS OF SUCH STATEMENT.
    3    (C)  SUCH  RIGHTS SHALL APPLY TO FAMILY MEMBERS DEFINED IN SUBDIVISION
    4  (A) OF THIS SECTION PROVIDED HOWEVER, SUCH RIGHTS SHALL NOT APPLY IF  AN
    5  INDIVIDUAL  WITH DEVELOPMENTAL DISABILITIES HAS SPECIFICALLY STATED THAT
    6  SUCH FAMILY MEMBERS SHALL NOT HAVE ACCESS TO ANY  PERSONAL  INFORMATION,
    7  BE  INVOLVED IN ANY CARE PLANNING OR COORDINATION, OR BE INVOLVED IN ANY
    8  HEALTH CARE DECISIONS.
    9    (D) THE STATEMENT OF RIGHTS SHALL CONSIST OF THE FOLLOWING:
   10    "FAMILY BILL OF RIGHTS"
   11    QUALIFIED FAMILY MEMBERS AND GUARDIANS SHALL HAVE THE FOLLOWING RIGHTS
   12  IN REGARDS TO AN INDIVIDUAL RECEIVING SERVICES THROUGH PROGRAMS, INCLUD-
   13  ING, BUT NOT  LIMITED  TO,  RESIDENTIAL  SERVICES,  THAT  ARE  OPERATED,
   14  LICENSED OR FUNDED BY THE OFFICE.  THESE RIGHTS SHALL INCLUDE:
   15    YOU HAVE THE RIGHT TO BE TREATED WITH CONSIDERATION AND RESPECT.
   16    YOU  HAVE  THE  RIGHT TO HAVE ACCESS TO A RESIDENCE'S FIRE SAFETY PLAN
   17  AND ANY INFORMATION REGARDING A RESIDENCE'S PASSAGE OR  FAILURE  OF  ANY
   18  FIRE SAFETY DRILLS CONDUCTED BY THE RESIDENCE AND THE OFFICE.
   19    YOU  HAVE  THE RIGHT TO NOTIFICATION WITHIN A REASONABLE TIME FRAME OF
   20  ANY EVENT THAT DIRECTLY IMPACTS THE HEALTH AND SAFETY OF THE INDIVIDUAL,
   21  CONSISTENT WITH FEDERAL AND STATE CONFIDENTIALITY PROTECTIONS.
   22    YOU HAVE THE RIGHT TO HAVE ACCESS TO INFORMATION REGARDING THE  HEALTH
   23  AND  SAFETY  OF THE INDIVIDUAL, CONSISTENT WITH FEDERAL AND STATE CONFI-
   24  DENTIALITY PROTECTIONS.
   25    YOU HAVE THE RIGHT TO HAVE ACCESS TO A RESIDENCE'S FOOD MENUS.
   26    YOU HAVE THE RIGHT FOR A QUALIFIED FAMILY MEMBER  OR  GUARDIAN  TO  BE
   27  ABLE TO HAVE UNANNOUNCED VISITS.
   28    YOU  HAVE  THE RIGHT TO RECEIVE INFORMATION NECESSARY TO MAKE INFORMED
   29  DECISIONS, WHEN APPROPRIATE, ABOUT THE CARE OF THE INDIVIDUAL.
   30    YOU HAVE THE RIGHT TO HAVE MEANINGFUL PARTICIPATION  AND  INPUT  INTO,
   31  AND  ONGOING REVIEW AND INVOLVEMENT WITH, THE INDIVIDUAL'S PLAN OF CARE,
   32  INCLUDING BUT NOT LIMITED TO ANY DECISION REGARDING  APPROPRIATE  PLACE-
   33  MENT OR TRANSFER OF AN INDIVIDUAL WITH DEVELOPMENTAL DISABILITIES WITHIN
   34  A RESIDENCE OPERATED, LICENSED OR FUNDED BY THE OFFICE.
   35    YOU HAVE THE RIGHT TO FINANCIAL TRANSPARENCY INCLUDING ACCESS TO BUDG-
   36  ETARY  INFORMATION  OF  THE  RESIDENCE  INCLUDING  INDIVIDUAL  EXPENSES,
   37  CONSISTENT WITH FEDERAL AND STATE CONFIDENTIALITY PROTECTIONS.
   38    YOU HAVE THE RIGHT TO BE INFORMED REGARDING ANY STAFFING CHANGES.
   39    YOU HAVE THE RIGHT TO BE GIVEN CLEAR, UP TO DATE, UNDERSTANDABLE,  AND
   40  HONEST  INFORMATION  ABOUT  THE  SYSTEM OF CARE AND SERVICES FOR PERSONS
   41  WITH DEVELOPMENTAL DISABILITIES, INCLUDING BUT NOT  LIMITED  TO  MANAGED
   42  CARE.
   43    YOU  HAVE  THE  RIGHT  TO BE ADVISED IN WRITING OF ANY LAWS, RULES, OR
   44  REGULATIONS THAT APPLY TO A QUALIFIED  FAMILY  MEMBER'S  AND  GUARDIAN'S
   45  ABILITY  TO  ACCESS  INFORMATION  OR  PARTICIPATE IN DECISIONS ABOUT THE
   46  INDIVIDUAL'S LIFE, INCLUDING BUT NOT LIMITED  TO,  GUARDIANSHIP  ISSUES,
   47  AND  ACCESS  TO  RECORDS,  REPORTS,  PLANS  OF CARE, AND OTHER PERTINENT
   48  INFORMATION.
   49    FOR PURPOSES OF MEDICAID WAIVERS OBTAINED BY THE STATE:
   50    YOU HAVE THE RIGHT TO CHOOSE A CARE COORDINATOR.
   51    YOU HAVE THE RIGHT TO RECEIVE INFORMATION NECESSARY TO  MAKE  INFORMED
   52  DECISIONS, WHEN APPROPRIATE, ABOUT THE CARE COORDINATION OF THE INDIVID-
   53  UAL.
   54    YOU HAVE THE RIGHT TO INDEPENDENT ADVOCATES.
       A. 7312--B                          3

    1    YOU HAVE THE RIGHT TO BE NOTIFIED IN WRITING ABOUT ALL MANDATED PROCE-
    2  DURES IF QUALIFIED FAMILY MEMBERS OR GUARDIANS NEED TO CHALLENGE A DECI-
    3  SION.
    4    ALL  THE  ABOVE  ARE YOUR RIGHTS. NOTHING IN THIS BILL OF RIGHTS SHALL
    5  LIMIT ANY OTHER ACTION OR RELIEF PERMITTED BY LAW.  IF THE  PROVIDER  OR
    6  RESIDENTIAL  FACILITY DOES NOT HONOR THESE RIGHTS YOU MAY PURSUE HELP BY
    7  CONTACTING THE NEW YORK STATE  DEPARTMENT  OF  HEALTH,  THE  OFFICE  FOR
    8  PEOPLE  WITH DEVELOPMENTAL DISABILITIES OR BY CONTACTING THE RESIDENTIAL
    9  FACILITY OR THE PROVIDER OF SERVICES.
   10    (E) THE COMMISSIONER SHALL ESTABLISH A  PUBLIC  EDUCATION  PROGRAM  TO
   11  DISSEMINATE  INFORMATION  REGARDING IMPLEMENTATION OF THIS SECTION. SUCH
   12  INFORMATION SHALL INCLUDE, BUT NOT BE LIMITED  TO,  PUBLICATION  OF  THE
   13  FAMILY  BILL  OF RIGHTS AS SPECIFIED IN SUBDIVISION (D) OF THIS SECTION;
   14  PUBLICATION OF THE RIGHTS OF QUALIFIED FAMILY MEMBERS AND GUARDIANS OF A
   15  PERSON RECEIVING SERVICES FROM A PROVIDER OR IN A  RESIDENTIAL  FACILITY
   16  OPERATED,  LICENSED, OR FUNDED BY THE OFFICE; AND PUBLICATION OF CERTAIN
   17  PROVISIONS RELATING TO MEDICAID WAIVERS OBTAINED BY THE STATE.
   18    S 2. This act shall take effect immediately.
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