A00424 Summary:

BILL NO    A00424A

SAME AS    
SAME AS S03634-A

SPONSOR    Abinanti

COSPNSR    Gunther, Otis, Peoples-Stokes, Raia, McDonald, Bichotte, Barrett,
           Miller

MLTSPNSR   Arroyo, Clark, Mayer, Schimel, Solages

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 certified or approved
by the office for people with developmental disabilities.
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A00424 Actions:

BILL NO    A00424A

01/07/2015 referred to mental health
02/09/2015 reported referred to codes
04/01/2015 amend and recommit to codes
04/01/2015 print number 424a
06/02/2015 reported referred to ways and means
06/15/2015 reported referred to rules
06/15/2015 reported 
06/15/2015 rules report cal.453
06/15/2015 ordered to third reading rules cal.453
06/17/2015 passed assembly
06/17/2015 delivered to senate
06/17/2015 REFERRED TO RULES
01/06/2016 DIED IN SENATE
01/06/2016 RETURNED TO ASSEMBLY
01/06/2016 ordered to third reading cal.30
01/20/2016 passed assembly
01/20/2016 delivered to senate
01/20/2016 REFERRED TO MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES
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A00424 Votes:

A00424A06/17/2015 146/0
AbbateYClarkERGanttYKimYMorelleYRichardYStecY
AbinantYColtonYGarbariYKolbYMosleyYRiveraYSteckY
ArroyoYCookYGiglioYLalorYMoyaYRobertsYStirpeY
AubryYCorwinYGjonajYLavineYMurrayYRobinsoYTediscoY
BarclayYCrespoYGlickYLawrencYNojayYRodriguYTenneyY
BarrettYCrouchYGoldfedYLentolYNolanYRosenthYThieleY
BarronYCurranYGoodellYLiftonYOaksYRozicYTitoneY
BenedetYCusickYGottfriYLinaresYO'DonneYRussellYTitusY
BichottYCymbrowYGrafYLopezYOrtizYRyanYWalkerY
BlakeYDavilaERGuntherYLupardoYOtisYSaladinYWalterY
BlankenYDenDekkYHawleyYLupinacERPalmesaYSantabaYWeinsteY
BorelliYDilanYHevesiYMageeYPalumboYSchimelYWeprinY
BrabeneYDinowitYHikindYMagnareYPaulinYSchimmiYWoernerY
BraunstYDiPietrYHooperYMalliotYPeoplesYSeawrigYWozniakY
BrennanYDupreyYJaffeeYMarkeyYPerryYSepulveYWrightY
BrindisYEnglebrYJean-PiYMayerYPersaudYSilverYZebrowsY
BronsonYFahyYJohnsYMcDonalYPichardYSimanowYMr SpkrY
Brook-KYFarrellYJoynerYMcDonouYPretlowYSimonY
BuchwalYFinchYKaminskYMcKevitYQuartYSimotasY
ButlerYFitzpatYKatzYMcLaughYRaYSkartadY
CahillYFriendYKavanagYMillerYRaiaYSkoufisY
CerettoYGalefYKearnsYMontesaYRamosYSolagesY

A00424A01/20/2016 140/0
AbbateYCookYGiglioYKearnsYMontesaYRichardYStirpeY
AbinantYCorwinYGjonajYKimYMorelleYRiveraYTediscoY
ArroyoYCrespoYGlickYKolbYMosleyYRobinsoYTenneyY
AubryYCrouchYGoldfedYLalorYMoyaYRodriguYThieleY
BarclayYCurranYGoodellYLavineERMurrayYRosenthYTitoneER
BarrettYCusickYGottfriYLawrencYNojayYRozicYTitusY
BarronYCymbrowYGrafYLentolYNolanYRussellYWalkerY
BenedetYDavilaYGuntherYLiftonYOaksYRyanYWalterY
BichottYDenDekkYHarrisYLinaresYO'DonneYSaladinYWeinsteY
BlakeYDilanYHawleyYLopezYOrtizYSantabaYWeprinY
BlankenYDinowitYHevesiYLupardoYOtisYSchimelYWoernerY
BrabeneYDiPietrYHikindYLupinacYPalmesaYSchimmiYWozniakER
BraunstYDupreyYHooperYMageeYPalumboYSeawrigYWrightY
BrennanYEnglebrYHunterYMagnareYPaulinYSepulveYZebrowsY
BrindisYFahyYHyndmanYMalliotYPeoplesYSimanowYMr SpkrY
BronsonYFarrellYJaffeeERMarkeyYPerryYSimonY
BuchwalYFinchERJean-PiYMayerYPichardYSimotasY
ButlerYFitzpatYJohnsYMcDonalYPretlowYSkartadY
CahillYFriendYJoynerYMcDonouYQuartYSkoufisY
CerettoYGalefYKaminskYMcKevitYRaYSolagesY
ClarkERGanttYKatzERMcLaughYRaiaYStecY
ColtonYGarbariYKavanagYMillerYRamosYSteckY

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A00424 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A424A
 
SPONSOR: Abinanti (MS)
  TITLE OF BILL: An act to amend the mental hygiene law, in relation to creating a bill of rights for family and guardians of people with devel- opmental disabilities that reside in residences certified or approved by the office for people with developmental disabilities   PURPOSE OF BILL: The bill creates a "Family Bill of Rights and Privileges" for qualified personal representatives of an individual with developmental disabili- ties.   SUMMARY OF SPECIFIC PROVISIONS: Section 1 of the bill amends the mental hygiene law by adding a new section 13.04 to create a "Family Bill of Rights and Privileges" for qualified personal representatives of individuals with developmental disabilities who receive services from a covered provider. A "qualified personal representative" means a spouse, parent, adult child, adult sibling, legal guardian or personal representative of an individual with disabilities who is receiving services from a covered provider. A covered provider means and includes any entity, providing residential services or non-residential services or programs to one or more persons with a developmental disability that is licensed, operated or certified by the office for people with developmental disabilities (OPWDD). Section 1 provides that in addition to all other rights and privileges under law, a qualified personal representative shall have the general- ly-described rights and privileges set forth, including to: 1. Participate in and provide meaningful input into the development, review and revision of the individual's care plan. 2. Access information regarding the individual's health and safety, consistent with federal and state confidentiality protections. 3. Be notified within a reasonable time of any event that directly impacts the individual's health and safety, consistent with federal and state confidentiality protections. 4. Access information necessary to make informed decisions, when appro- priate, about the individual's care and care coordination. 5. Visit unannounced. 6. Choose a care coordinator. 7. Financial transparency, consistent with federal and state confiden- tiality requirements. 8. Be informed of staffing changes. 9. Be informed in writing in plain language with up-to-date information about the system of care and services for persons with developmental disabilities; the laws rules and regulations applicable to the rights of family members and personal representatives to participate in decisions and access information, records, etc.; and the procedures to challenge any decision affecting the individual. An individual receiving services, who is competent to do so, may limit the rights and privileges afforded a qualified personal representative as provided in this section. Nothing in this section shall be read to limit any other rights or priv- ileges that a qualified representative may have or limit any action or relief otherwise permitted by law. Each covered provider shall conspicuously post a copy of the bill of rights and privileges in a public place at each of the covered provid- er's facilities. The commissioner shall post a copy on the office's website; make copies of the bill in English, and the top six languages other than English spoken in the state; establish a public education program to disseminate information regarding implementation of this section; include information detailing the efforts to effectuate this section in the statewide comprehensive plan required pursuant to section 5.07 of this chapter; and adopt all rules and regulations necessary to effectuate this section. Section 2 is the effective date.   JUSTIFICATION: Family advocates have expressed growing frustration with the lack of access to information regarding the care of a loved one residing in residences certified or licensed by OPWDD. Parents, family members and guardians are frustrated by the lack of input on placement decisions, and the lack of notification or access to events and information regard- ing the health and safety of their family member. As New York State moves towards a managed health care system, parents are concerned about what this will mean for their children with develop- mental disabilities. These concerns include whether this transition will result in reduced communication with, and less transparency from the managed care entities. Accordingly, parent advocates have expressed the need for input in choosing a care coordinator, making sure there is a program to advocate on behalf of their family member's needs, and access to information that is needed to make informed decisions. The rights and privileges enumerated in this bill will ensure that fami- ly members and legal representatives have access to important informa- tion about the care being provided for their developmentally disabled family member.   LEGISLATIVE HISTORY: 2013-14: A.7312-D passed Assembly; same as S.5223-D referred to mental health and developmental disabilities   FISCAL IMPLICATIONS: To be determined.   EFFECTIVE DATE: This act shall take effect immediately.
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A00424 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         424--A
 
                               2015-2016 Regular Sessions
 
                   IN ASSEMBLY
 
                                       (Prefiled)
 
                                     January 7, 2015
                                       ___________
 
        Introduced by M. of A. ABINANTI, GUNTHER, OTIS, ROBERTS, PEOPLES-STOKES,
          RAIA,  McDONALD,  BICHOTTE,  BARRETT -- Multi-Sponsored by -- M. of A.
          ARROYO, CLARK, MAYER, SCHIMEL, SOLAGES -- read once  and  referred  to
          the Committee on Mental Health -- reported and referred to the Commit-
          tee  on Codes -- 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 certified or approved 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  § 13.04 Family bill of rights and privileges.
     4    (a) The principles in the bill of rights and privileges set  forth  in
     5  this section are declared to be  the public policy of the state.
     6    (b) For purposes of this section:
     7    (1)  "qualified personal representative" means a spouse, parent, adult
     8  child, adult sibling, legal guardian or personal  representative  of  an
     9  individual  with  developmental  disabilities  who is receiving services
    10  from a covered provider.
    11    (2) "covered provider" means and includes any entity, providing  resi-
    12  dential services or non-residential  services or programs to one or more
    13  persons  with  a developmental disability, that is licensed, operated or
    14  certified by the office.
    15    (c) In addition to all other rights and privileges under law, a quali-
    16  fied personal representative shall have the following rights and  privi-
    17  leges  set forth below (the "Family Bill of Rights and Privileges") with
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03401-02-5

        A. 424--A                           2
 
     1  respect to their individual family members with developmental  disabili-
     2  ties.
     3                   "Family Bill of Rights and Privileges"
     4    A  qualified personal representative shall have the following general-
     5  ly-described rights and  privileges  concerning  a  family  member  with
     6  developmental disabilities receiving services; to:
     7    Be treated with consideration and respect.
     8    Participate  in  and  provide  meaningful  input into the development,
     9  review and revision of the individual's care plan,  including  placement
    10  or transfer within or between facilities.
    11    Access  information  regarding  the  individual's  health  and safety,
    12  consistent with federal and state confidentiality protections.
    13    Be notified within a  reasonable  time  of  any  event  that  directly
    14  impacts  the individual's health and safety, consistent with federal and
    15  state confidentiality protections.
    16    Access information necessary for a qualified  personal  representative
    17  to  make  informed  decisions,  when appropriate, about the individual's
    18  care and care coordination.
    19    Financial transparency, including access to budgetary  information  of
    20  the  facility and individual expenses, consistent with federal and state
    21  confidentiality protections.
    22    Visit unannounced.
    23    Be informed of staffing changes.
    24    Access a facility's fire and other safety plans  and  any  information
    25  regarding a facility's passage or failure of any safety drills conducted
    26  by the facility and the office.
    27    Access a facility's food menus.
    28    Choose a care coordinator.
    29    Consult  and be represented by an independent advocate, mental hygiene
    30  legal services or an attorney; and if services are provided under  Medi-
    31  caid managed care, to have a Medicaid ombudsman.
    32    Be  informed  in writing in plain language with up-to-date information
    33  about:
    34    (i) the system of care and services  for  persons  with  developmental
    35  disabilities, including but not limited to managed care;
    36    (ii)  the  laws,  rules,  and  regulations applicable to the rights of
    37  family members and other  personal  representatives  to  participate  in
    38  decisions  about  the  individual's  life  and  to  access  information,
    39  records, reports, care plans, etc.; and
    40    (iii) the procedures to challenge any decision affecting the  individ-
    41  ual.
    42    Nothing  in  this  bill of rights and privileges shall limit any other
    43  right or privilege under law. If any residential facility  or  non-resi-
    44  dential  service  provider  fails to afford these rights and privileges,
    45  assistance may be sought from the facility or provider, or the office.
    46    (d) A qualified personal representative may, in  accordance  with  law
    47  and appropriate due process, not exercise a right or privilege described
    48  in  this  section  if  the subject individual receiving services, who is
    49  competent to do so, specifically affirms, in a reasonably  contemporane-
    50  ous  manner,  that  such  identified   qualified personal representative
    51  shall not be afforded such specific right or  privilege.  Such  determi-
    52  nation  by  the  subject  individual  shall be described and recorded in
    53  writing in the case file by appropriate staff of the facility or service
    54  provider and a statement of reasons for such denial shall be provided to
    55  the qualified personal representative.

        A. 424--A                           3
 
     1    (e) The statement of rights and privileges set forth in  this  section
     2  is  intended  to  be a guide to   the rights and privileges of qualified
     3  personal representatives of individuals with developmental  disabilities
     4  receiving residential and non-residential services.
     5    (f) Nothing in this section shall be read to limit any other rights or
     6  privileges that qualified personal representatives may have or limit any
     7  action  or  relief otherwise permitted by law. Nothing in this  subdivi-
     8  sion shall alter or affect any right of  appeal,  formal  or  otherwise,
     9  such personal representative may have  concerning the denial of any such
    10  right.
    11    (g)  Each covered provider shall conspicuously post a copy of the bill
    12  of rights and privileges in a  public  place  at  each  of  the  covered
    13  provider's facilities.
    14    (h) The commissioner shall:
    15    (1)  Post  a copy of the bill of rights and privileges on the office's
    16  website;
    17    (2) Make copies of the bill of rights and privileges in  English,  and
    18  the  top six languages other than English spoken in the state (according
    19  to the latest available data from the U.S. bureau of census)   available
    20  to the public and every provider;
    21    (3)  Establish  a  public  education  program  designed to disseminate
    22  information regarding  implementation of this section;
    23    (4) Include specific information detailing the efforts of the  commis-
    24  sioner  to  effectuate  this section in the statewide comprehensive plan
    25  required pursuant to section 5.07 of this chapter;
    26    (5) Adopt all rules  and  regulations  necessary  to  effectuate  this
    27  section.
    28    § 2. This act shall take effect immediately.
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