NY A08024

Establishes a formal Bill of Rights for people with developmental disabilities covering dignity, quality care, freedom of choice, privacy, complaint procedures, and freedom from abuse and unauthorized restraints.

Requires the Commissioner to post the Bill of Rights conspicuously in all residential facilities and make it available on the office website in the top six non-English languages spoken in New York according to U.S. Census data.

Creates a private cause of action allowing people with developmental disabilities and their parents or legal guardians to sue facilities in state court for deprivation of rights, with compensatory damages and potential punitive damages for willful or reckless violations.

Prohibits mandatory exhaustion of administrative remedies before filing suit and provides for attorney's fees and costs if plaintiff prevails; damages awarded are exempt from Medicaid eligibility calculations.

Establishes anti-retaliation protections prohibiting discrimination against individuals or facility employees who make complaints or participate in investigations related to alleged rights violations.