NY Soc Serv L § 461-D (2021)
2021 New York Laws SOS - Social Services Article 7 - Residential Care Programs for Adults and Children Title 2 - Residential Programs for Adults 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.