NY A06380

Adds Section 13.04 to Mental Hygiene Law establishing a Bill of Rights for people with developmental disabilities, including rights to 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 each residence and make it available on the office website in the top six languages other than English spoken in the state.

Adds Section 13.36 creating a private cause of action allowing individuals with developmental disabilities and their legal guardians to sue facilities in state court for deprivation of rights, with compensatory and punitive damages available.

Provides that damages awarded are exempt from Medicaid eligibility calculations, attorneys' fees must be awarded to prevailing plaintiffs, and any waivers of rights or jury trial are void and unenforceable.

Prohibits discrimination against individuals with developmental disabilities or facility employees who participate in investigations or proceedings related to alleged rights violations.