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A07312 Summary:

A07312 Actions:

A07312 Floor Votes:

A07312 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         7312--D
 
                               2013-2014 Regular Sessions
 
                   IN ASSEMBLY
 
                                      May 10, 2013
                                       ___________
 
        Introduced  by  M.  of  A. ABINANTI, WEISENBERG, GUNTHER, OTIS, ROBERTS,
          PEOPLES-STOKES, RAIA, McDONALD --  Multi-Sponsored  by  --  M.  of  A.
          ARROYO, CLARK, MAYER, SCHIMEL -- read once and referred to the Commit-
          tee  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 -- reported and referred to
          the Committee on Codes -- committee discharged, bill amended,  ordered
          reprinted  as  amended  and  recommitted  to  said  committee -- again
          reported from said committee with  amendments,  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
 

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10708-21-4
        A. 7312--D                          2
 
     1  persons with a developmental disability, that is licensed,  operated  or
     2  certified by the office.
     3    (c) In addition to all other rights and privileges under law, a quali-
     4  fied  personal representative shall have the following rights and privi-
     5  leges set forth below (the "Family Bill of Rights and Privileges")  with
     6  respect  to their individual family members with developmental disabili-
     7  ties.
     8                   "Family Bill of Rights and Privileges"

     9    A qualified personal representative shall have the following  general-
    10  ly-described  rights  and  privileges  concerning  a  family member with
    11  developmental disabilities receiving services; to:
    12    Be treated with consideration and respect.
    13    Participate in and provide  meaningful  input  into  the  development,
    14  review  and  revision of the individual's care plan, including placement
    15  or transfer within or between facilities.
    16    Access information  regarding  the  individual's  health  and  safety,
    17  consistent with federal and state confidentiality protections.
    18    Be  notified  within  a  reasonable  time  of  any event that directly
    19  impacts the individual's health and safety, consistent with federal  and

    20  state confidentiality protections.
    21    Access  information  necessary for a qualified personal representative
    22  to make informed decisions, when  appropriate,  about  the  individual's
    23  care and care coordination.
    24    Financial  transparency,  including access to budgetary information of
    25  the facility and individual expenses, consistent with federal and  state
    26  confidentiality protections.
    27    Visit unannounced.
    28    Be informed of staffing changes.
    29    Access  a  facility's  fire and other safety plans and any information
    30  regarding a facility's passage or failure of any safety drills conducted
    31  by the facility and the office.
    32    Access a facility's food menus.
    33    Choose a care coordinator.

    34    Consult and be represented by an independent advocate, mental  hygiene
    35  legal  services or an attorney; and if services are provided under Medi-
    36  caid managed care, to have a Medicaid ombudsman.
    37    Be informed in writing in plain language with  up-to-date  information
    38  about:
    39    (i)  the  system  of  care and services for persons with developmental
    40  disabilities, including but not limited to managed care;
    41    (ii) the laws, rules, and regulations  applicable  to  the  rights  of
    42  family  members  and  other  personal  representatives to participate in
    43  decisions  about  the  individual's  life  and  to  access  information,
    44  records, reports, care plans, etc.; and

    45    (iii)  the procedures to challenge any decision affecting the individ-
    46  ual.
    47    Nothing in this bill of rights and privileges shall  limit  any  other
    48  right  or  privilege under law. If any residential facility or non-resi-
    49  dential service provider fails to afford these  rights  and  privileges,
    50  assistance may be sought from the facility or provider, or the office.
    51    (d)  A  qualified  personal representative may, in accordance with law
    52  and appropriate due process, not exercise a right or privilege described
    53  in this section if the subject individual  receiving  services,  who  is
    54  competent  to do so, specifically affirms, in a reasonably contemporane-
    55  ous manner, that such  identified    qualified  personal  representative

    56  shall  not  be  afforded such specific right or privilege. Such determi-
        A. 7312--D                          3
 
     1  nation by the subject individual shall  be  described  and  recorded  in
     2  writing in the case file by appropriate staff of the facility or service
     3  provider and a statement of reasons for such denial shall be provided to
     4  the qualified personal representative.
     5    (e)  The  statement of rights and privileges set forth in this section
     6  is intended to be a guide to   the rights and  privileges  of  qualified
     7  personal  representatives of individuals with developmental disabilities
     8  receiving residential and non-residential services.
     9    (f) Nothing in this section shall be read to limit any other rights or

    10  privileges that qualified personal representatives may have or limit any
    11  action or relief otherwise permitted by law. Nothing in this    subdivi-
    12  sion  shall  alter  or  affect any right of appeal, formal or otherwise,
    13  such personal representative may have  concerning the denial of any such
    14  right.
    15    (g) Each provider shall conspicuously post  a  copy  of  the  bill  of
    16  rights  and  privileges  in  a  public  place at the locations where the
    17  provider provides services.
    18    (h) The commissioner shall:
    19    (1) Post a copy of the bill of rights and privileges on  the  office's
    20  website;
    21    (2)  Make  copies of the bill of rights and privileges in English, and

    22  the top six languages other than English spoken in the state  (according
    23  to  the latest available data from the U.S. bureau of census)  available
    24  to the public and every provider;
    25    (3) Establish a  public  education  program  designed  to  disseminate
    26  information regarding  implementation of this section;
    27    (4)  Include specific information detailing the efforts of the commis-
    28  sioner to effectuate this section in the  statewide  comprehensive  plan
    29  required pursuant to section 5.07 of this chapter;
    30    (5)  Adopt  all  rules  and  regulations  necessary to effectuate this
    31  section.
    32    § 2. This act shall take effect immediately.