Amd §461-d, Soc Serv L (as proposed in S.874 & A.1084)
Relates to rights of residents of adult care facilities; provides that residents have a right to be informed about their condition, treatment and medications.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A9521
SPONSOR: Gottfried TITLE OF BILL:
An act to amend the social services law, in relation to adult care
facilities
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this bill is to make changes to Chapter 646 of the Laws
of 2019, to clarify that an individual's ability to select their health
care provider for certain services in an adult care facility is not
limited by their insurer's restrictions.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 would clarify that limitations by an insurer do not restrict
an individual's ability to select their health care provider for
services not covered by an admission agreement in an adult care facili-
ty.
Section 2 establishes the effective date.
JUSTIFICATION:
Chapter 646 of the Laws of 2019 enumerated certain rights of an individ-
ual pertaining to medical care in an adult facility. One of those rights
is an individual's ability to select their own health care provider for
services not covered under an adult care facilities admission agreement.
This bill would clarify this provision to clearly indicate that any
restrictions that an individual's insurer may place on covered services
or providers does not prevent the individual from obtaining those
services from the health care provider of the individual's choosing.
PRIOR LEGISLATIVE HISTORY:
New Legislation.
FISCAL IMPLICATIONS:
None to the State.
EFFECTIVE DATE:
This act shall take effect on the same date and in the same manner as a
chapter of the laws of 2019, amending the social services law relating
to adult care facilities, as proposed in legislative bills numbers S.874
and A.1084, takes effect.
STATE OF NEW YORK
________________________________________________________________________
9521
IN ASSEMBLY
January 23, 2020
___________
Introduced by M. of A. GOTTFRIED -- read once and referred 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 Assem-bly, do enact as follows:
1 Section 1. Paragraph (m) of subdivision 3 of section 461-d of the
2 social services law, as added by a chapter of the laws of 2019 amending
3 the social services law relating to adult care facilities, as proposed
4 in legislative bills numbers S. 874 and A. 1084, is amended to read as
5 follows:
6 (m) Every resident or, in the case of a person who lacks capacity to
7 consent to his or her health care, a person legally authorized to
8 consent on behalf of the resident, shall have the right to choose the
9 resident's own health care providers for services not covered by his or
10 her admission agreement[, subject to limitations that may apply as a
11 result of a resident's third party payor coverage].
12 § 2. This act shall take effect on the same date and in the same
13 manner as a chapter of the laws of 2019 amending the social services law
14 relating to adult care facilities, as proposed in legislative bills
15 numbers S. 874 and A. 1084, takes effect.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03365-02-0
