N.Y. Social Services Law § 461-d: Rights of residents in adult care facilities

§ 461-d. Rights of residents in adult care facilities. 1. The

principles enunciated in subdivision three hereof are declared to be the

public policy of the state and a copy of such statement of rights and

responsibilities shall be posted conspicuously in a public place in each

facility covered hereunder.

2. The department shall require that every adult care facility shall

adopt and make public a statement of the rights and responsibilities of

the residents who are receiving care in such facilities, and shall treat

such residents in accordance with the provisions of such statement.

3. Resident rights and responsibilities shall include, but not be

limited to the following:

(a) Every resident's civil and religious liberties, including the

right to independent personal decisions and knowledge or available

choices, shall not be infringed and the facility shall encourage and

assist in the fullest possible exercise of these rights.

(b) Every resident shall have the right to have private communications

and consultations with his or her physician, attorney, and any other

person.

(c) Every resident shall have the right to present grievances on

behalf of himself or herself or others, to the facility's staff or

administrator, to governmental officials, or to any person without fear

of reprisal, and to join with other residents or individuals within or

outside of the facility to work for improvements in resident care.

(d) Every resident shall have the right to manage his or her own

financial affairs.

(e) Every resident shall have the right to have privacy in treatment

and in caring for personal needs.

(f) Every resident shall have the right to confidentiality in the

treatment of personal, social, financial and medical records, and

security in storing personal possessions.

(g) Every resident shall have the right to receive courteous, fair,

and respectful care and treatment and a written statement of the

services provided by the facility, including those required to be

offered on an as-needed basis.

(h) Every resident shall have the right to receive or to send personal

mail or any other correspondence without interception or interference by

the operator of an adult care facility or any person affiliated

therewith.

(i) Every resident shall have the responsibility to obey all

reasonable regulations of the facility and to respect the personal

rights and private property of the other residents.

(j) The facility is required to include on its accident or incident

report the resident's version of the events leading to an accident or

incident involving such resident, unless the resident objects.

(k) Every resident shall have the right to authorize those family

members and other adults who will be given priority to visit consistent

with the resident's ability to receive visitors.

(l) 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.

(m) 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.

Waiver of any provision contained within this subdivision by a

resident of an adult care facility shall be void.

4. Every resident of a residence for adults, adult home or enriched

housing program, shall be entitled to receive compensation for services

performed on behalf of such facility or persons affiliated therewith,

and the operator of such facility shall maintain written records stating

the duties to be performed, the rate and type of compensation, and the

hours and days during which these services will be performed.

5. Each operator shall give a copy of the statement of rights and

responsibilities to each resident at or prior to the time of admission

to the facility, or to the appointed personal representative and to each

member of the facility's staff.

6. An operator or employee of a residence for adults, adult home or

enriched housing program or any other entity which is a representative

payee of a resident of such facility pursuant to designation by the

social security administration or which otherwise assumes management

responsibility over the funds of a resident shall maintain such funds in

a fiduciary capacity to the resident. Any interest on money received and

held for the resident shall be the property of the individual resident.

7. Every operator of a residence for adults, adult home, enriched

housing program or family type home for adults shall post a long term

care ombudsman poster in such facility in the main entrance or public

posting area where notices to residents are commonly displayed, or, if

there is no such main entrance or posting area, in the several public

areas within the facility where notices to residents are commonly

displayed, and shall make the long term care ombudsman brochure

available to residents upon request.