Governor Signs ACF Resident Rights Bill into Law
Over the weekend, Governor Cuomo signed into law A.1084/S.874, regarding adult care facility (ACF) resident rights. The new law amends Social Services Law (SSL) to extend certain resident rights to all ACFs. Much of this language is consistent with assisted living residence (ALR) resident rights.
Specifically, every resident or, in the case of a person who lacks capacity to consent to his or her health care, a person legally authorized to consent on behalf of the resident, shall have the right to be fully informed by his or her physician, or other health or mental health provider, of his or her medical condition and proposed medication, treatment, and services, unless medically contraindicated, and to refuse medication, treatment, or services after being fully informed of the consequences of such actions; provided that an operator acting reasonably and in good faith shall not be held liable or penalized for complying with the refusal of such medication, treatment, or services by a resident or, in the case of a person who lacks capacity to consent to his or her health care, a person legally authorized to consent on behalf of the resident, who has been fully informed of the consequences of such refusal.
Every resident or, in the case of a person who lacks capacity to consent to his or her health care, a person legally authorized to consent on behalf of the resident, shall have the right to choose the resident’s own health care providers for services not covered by his or her admission agreement, subject to limitations that may apply as a result of a resident’s third party payor coverage.
The act will take effect on the 30th day after it shall have become a law, making it effective in mid-January 2020.
Contact: Diane Darbyshire, ddarbyshire@leadingageny.org, 518-867-8828