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NY A07824

Bill

Status

Introduced

5/16/2017

Primary Sponsor

Michael Kearns

Click for details

Origin

Assembly

2017-2018 General Assembly

AI Summary

  • Establishes a "People with Developmental Disabilities Bill of Rights" as state public policy, requiring the statement to be posted conspiciously in each residential facility and made available online in the top six languages spoken in New York.

  • Enumerates specific rights including dignity, quality care without discrimination, freedom of choice, property safeguards, privacy, participation in activities, freedom from abuse and unauthorized restraints, smoke-free living environments, and access to medical records.

  • Creates a private cause of action allowing people with developmental disabilities and their legal guardians to sue facilities for compensatory damages, and punitive damages when deprivation of rights is willful or reckless.

  • Guarantees trial by jury rights, attorney's fees for prevailing plaintiffs, and protects recovered damages from affecting Medicaid eligibility; prohibits waivers of these rights and protections against retaliation.

  • Requires the commissioner to establish a public education program to disseminate information about the bill of rights and related Medicaid waivers.

Legislative Description

Relates to a bill of rights for people with developmental disabilities.

Last Action

enacting clause stricken

12/15/2017

Committee Referrals

Mental Health5/16/2017

Full Bill Text

No bill text available