New York Social Services Code § 461-D

Rights of residents in adult care facilities
Open in Lexace · Ask the AI about this section
§ 461-d. Rights of residents in adult care facilities. 1. The\nprinciples enunciated in subdivision three hereof are declared to be the\npublic policy of the state and a copy of such statement of rights and\nresponsibilities shall be posted conspicuously in a public place in each\nfacility covered hereunder.\n  2. The department shall require that every adult care facility shall\nadopt and make public a statement of the rights and responsibilities of\nthe residents who are receiving care in such facilities, and shall treat\nsuch residents in accordance with the provisions of such statement.\n  3. Resident rights and responsibilities shall include, but not be\nlimited to the following:\n  (a) Every resident's civil and religious liberties, including the\nright to independent personal decisions and knowledge or available\nchoices, shall not be infringed and the facility shall encourage and\nassist in the fullest possible exercise of these rights.\n  (b) Every resident shall have the right to have private communications\nand consultations with his or her physician, attorney, and any other\nperson.\n  (c) Every resident shall have the right to present grievances on\nbehalf of himself or herself or others, to the facility's staff or\nadministrator, to governmental officials, or to any person without fear\nof reprisal, and to join with other residents or individuals within or\noutside of the facility to work for improvements in resident care.\n  (d) Every resident shall have the right to manage his or her own\nfinancial affairs.\n  (e) Every resident shall have the right to have privacy in treatment\nand in caring for personal needs.\n  (f) Every resident shall have the right to confidentiality in the\ntreatment of personal, social, financial and medical records, and\nsecurity in storing personal possessions.\n  (g) Every resident shall have the right to receive courteous, fair,\nand respectful care and treatment and a written statement of the\nservices provided by the facility, including those required to be\noffered on an as-needed basis.\n  (h) Every resident shall have the right to receive or to send personal\nmail or any other correspondence without interception or interference by\nthe operator of an adult care facility or any person affiliated\ntherewith.\n  (i) Every resident shall have the responsibility to obey all\nreasonable regulations of the facility and to respect the personal\nrights and private property of the other residents.\n  (j) The facility is required to include on its accident or incident\nreport the resident's version of the events leading to an accident or\nincident involving such resident, unless the resident objects.\n  (k) Every resident shall have the right to authorize those family\nmembers and other adults who will be given priority to visit consistent\nwith the resident's ability to receive visitors.\n  (l) Every resident or, in the case of a person who lacks capacity to\nconsent to his or her health care, a person legally authorized to\nconsent on behalf of the resident, shall have the right to be fully\ninformed by his or her physician, or other health or mental health\nprovider of his or her medical condition and proposed medication,\ntreatment and services, unless medically contraindicated, and to refuse\nmedication, treatment or services after being fully informed of the\nconsequences of such actions; provided that an operator acting\nreasonably and in good faith, shall not be held liable or penalized for\ncomplying with the refusal of such medication, treatment or services by\na resident or, in the case of a person who lacks capacity to consent to\nhis or her health care, a person legally authorized to consent on behalf\nof the resident, who has been fully informed of the consequences of such\nrefusal.\n  (m) Every resident or, in the case of a person who lacks capacity to\nconsent to his or her health care, a person legally authorized to\nconsent on behalf of the resident, shall have the right

‹ Prev All New York sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.