Burdick, Griffin, Thiele, Galef, Englebright, Gonzalez-Rojas, Zinerman, Dinowitz, Cusick, Reilly,
Brabenec, Tannousis, Manktelow, Angelino, Simon, Stern, Santabarbara, Miller M, Lemondes, Jackson
MLTSPNSR
Add §13.04, Ment Hyg L
Creates a bill of rights for people with developmental disabilities who reside in residences certified or approved by the office for people with developmental disabilities.
STATE OF NEW YORK
________________________________________________________________________
6069--A
2021-2022 Regular Sessions
IN ASSEMBLY
March 8, 2021
___________
Introduced by M. of A. ABINANTI, BURDICK, GRIFFIN, THIELE, GALEF, ENGLE-
BRIGHT, GONZALEZ-ROJAS, ZINERMAN, DINOWITZ, CUSICK, REILLY, BRABENEC,
TANNOUSIS, MANKTELOW, ANGELINO -- read once and referred to the
Committee on People with Disabilities -- reported and referred to the
Committee on Codes -- reported and referred to the Committee on Ways
and Means -- 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 individuals with developmental disabilities who 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 Residents' bill of rights.
4 (a) The principles in the bill of rights set forth in this section are
5 declared to be the public policy of the state.
6 (b) For purposes of this section:
7 (1) "resident" means an individual with a developmental disability who
8 is receiving services from a covered provider.
9 (2) "qualified person" means a resident, the resident's legal guardi-
10 an, the guardian's designee, the resident's designee, or if none exists,
11 in order of priority, a spouse, parent, adult child or an adult sibling
12 of the resident.
13 (3) "covered provider" means and includes any entity, providing resi-
14 dential services or programs to one or more persons with a developmental
15 disability, that is operated, licensed, or certified by the office.
16 (c) In addition to all other rights and privileges under law, a resi-
17 dent shall have the rights set forth below (the "Bill of Rights") which
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01457-02-1
A. 6069--A 2
1 the resident may exercise or another qualified person may exercise on
2 the resident's behalf.
3 "Bill of Rights"
4 Individuals with a developmental disability who are receiving residen-
5 tial services from an entity that is operated, licensed or certified by
6 the office or a qualified person on such individual's behalf shall have
7 the following generally-described rights to:
8 Be treated with consideration and respect.
9 Participate in and provide meaningful input into the development,
10 review and revision of the resident's care plan, including placement or
11 transfer within or between facilities.
12 Access information regarding the resident's health and safety,
13 consistent with federal and state confidentiality protections.
14 Be notified within a reasonable time of any event that directly
15 impacts the resident's health and safety, consistent with federal and
16 state confidentiality protections.
17 Access any and all audio and video recordings which are relevant to
18 any incident which affects the resident whether or not the resident
19 appears in the audio or video.
20 Access information necessary for a qualified person to make informed
21 decisions, when appropriate, about the resident's care and care coordi-
22 nation.
23 Financial transparency, including access to budgetary information of
24 the facility and resident's expenses, consistent with federal and state
25 confidentiality protections.
26 Receive visitors who visit unannounced.
27 Be informed of any and all staffing changes.
28 Access a facility's fire and other safety plans and any information
29 regarding a facility's passage or failure of any safety drills conducted
30 by the facility and the office.
31 Access a facility's food menus.
32 Choose a care coordinator.
33 Consult and be represented by an independent advocate, mental hygiene
34 legal services or a private attorney; and if services are provided under
35 Medicaid managed care, to have a Medicaid ombudsman.
36 Be informed in writing in plain language with up-to-date information
37 about:
38 (i) the system of care and services for persons with developmental
39 disabilities, including but not limited to managed care;
40 (ii) the laws, rules, and regulations applicable to the rights of
41 individuals with a developmental disability, their legal guardians or
42 family members and other qualified persons to participate in decisions
43 about the individual's life and to access information, records, reports,
44 care plans, etc.; and
45 (iii) the procedures to challenge any decision affecting the resident.
46 Nothing in this bill of rights shall limit any other right or privi-
47 lege under law. If any residential facility service provider fails to
48 afford these rights, assistance may be sought from the facility or
49 provider, or the office.
50 (d) A qualified person other than a legal guardian may, in accordance
51 with law and appropriate due process, not exercise a right described in
52 this section if the resident, who is competent to do so, specifically
53 affirms, in a reasonably contemporaneous manner, that such identified
54 qualified person shall not be afforded such specific right. Such deter-
55 mination by the resident shall be described and recorded in writing in
56 the case file by appropriate staff of the facility or service provider
A. 6069--A 3
1 and a statement of reasons for such denial shall be provided to the
2 qualified person.
3 (e) The statement of rights set forth in this section is intended to
4 be a guide to the rights of a resident or a qualified person.
5 (f) Nothing in this section shall be read to limit any other rights or
6 privileges that a resident or a qualified person 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 resident or qualified person may have concerning the denial of any
10 such right.
11 (g) Each covered provider shall conspicuously post a copy of the bill
12 of rights in a public place at each of the covered provider's facilities
13 and provide a copy to each qualified person.
14 (h) The commissioner shall:
15 (1) Post a copy of the bill of rights on the office's website;
16 (2) Make copies of the bill of rights in English, and the top six
17 languages other than English spoken in the state (according to the
18 latest available data from the U.S. bureau of census) available to the
19 public and every provider;
20 (3) Establish a public education program designed to disseminate
21 information regarding implementation of this section;
22 (4) Include specific information detailing the efforts of the commis-
23 sioner to effectuate this section in the statewide comprehensive plan
24 required pursuant to section 5.07 of this chapter;
25 (5) Adopt all rules and regulations necessary to effectuate this
26 section.
27 § 2. This act shall take effect on the one hundred twentieth day after
28 it shall have become a law.
