Section 2803-C. Rights of patients in certain medical 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 commissioner shall require that every nursing home and facility
  providing  health  related  service,  as  defined in subdivision two and
  paragraph (b) of subdivision four of section twenty-eight hundred one of
  this article, shall adopt and make public a statement of the rights  and
  responsibilities  of  the  patients  who  are  receiving  care  in  such
  facilities, and  shall  treat  such  patients  in  accordance  with  the
  provisions of such statement.
    3.  Said  statement  of rights and responsibilities shall include, but
  not be limited to the following:
    a. Every patient's civil and religious liberties, including the  right
  to  independent  personal  decisions and knowledge of available choices,
  shall not be infringed and the facility shall encourage  and  assist  in
  the fullest possible exercise of these rights.
    b.  Every  patient shall have the right to have private communications
  and consultations with his or her physician,  attorney,  and  any  other
  person.
    c.  Every patient 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 other person without
  fear  of reprisal, and to join with other patients or individuals within
  or outside of the facility to work for improvements in patient care.
    d. Every patient shall have  the  right  to  manage  his  or  her  own
  financial  affairs,  or  to  have at least a quarterly accounting of any
  personal financial transactions undertaken in his or her behalf  by  the
  facility  during  any  period  of  time  the  patient has delegated such
  responsibilities to the facility.
    e. Every  patient  shall  have  the  right  to  receive  adequate  and
  appropriate  medical  care,  to  be fully informed of his or her medical
  condition and proposed treatment unless medically  contraindicated,  and
  to  refuse  medication  and  treatment after being fully informed of and
  understanding the consequences of such actions.
    f. Every patient shall have the right to have privacy in treatment and
  in caring for  personal  needs,  confidentiality  in  the  treatment  of
  personal   and   medical  records,  and  security  in  storing  personal
  possessions.
    g. Every patient 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 patient shall be free from mental and physical abuse and from
  physical  and chemical restraints, except those restraints authorized in
  writing by a physician for a specified and limited period of time or  as
  are necessitated by an emergency in which case the restraint may only be
  applied by a qualified licensed nurse who shall set forth in writing the
  circumstances requiring the use of restraint and in the case of use of a
  chemical  restraint  a  physician  shall be consulted within twenty-four
  hours.
    i. A statement of the facility's regulations and an explanation of the
  patient's responsibility to  obey  all  reasonable  regulations  of  the
  facility  and to respect the personal rights and private property of the
  other patients.
    j. A statement that should the patient be adjudicated incompetent  and
  not  be  restored  to  legal  capacity,  or  if  a conservator should be

  appointed for the patient, the above rights and  responsibilities  shall
  be   exercised   by   the   appointed  committee  or  conservator  in  a
  representative capacity.
    k.  Every  patient shall have the right to receive upon request kosher
  food or food products prepared in accordance with sections  two  hundred
  one-a,  two  hundred  one-b and two hundred one-c of the agriculture and
  markets law.
    k-1. Every patient shall have the right to receive upon request  halal
  food  or  food products prepared in accordance with sections two hundred
  one-e, two hundred one-f and two hundred one-g of  the  agriculture  and
  markets law.
    l.  Pursuant  to  regulations  promulgated  by  the  commissioner,  no
  facility or individual and no general hospital providing medical care to
  persons having been admitted from such facilities  or  from  adult  care
  facilities covered by the provisions of section four hundred sixty-one-b
  of  the  social  services  law, or to applicants for readmission to such
  facilities or to adult care facilities  covered  by  the  provisions  of
  section  four  hundred  sixty-one-b  of  the  social services law, shall
  restrict or prohibit the access to the facility or general hospital  nor
  interfere  with  the  performance  of  the  official  duties,  including
  confidential  visits  with  residents,  of   duly   designated   persons
  participating in the long term care ombudsman program as provided for in
  sections  five  hundred  forty-four  and  five hundred forty-five of the
  executive law.
    m.  Pursuant  to  regulations  promulgated  by  the  commissioner   in
  consultation  with the director of the office for the aging, no facility
  shall restrict or prohibit access by records access ombudsmen  specially
  designated under section five hundred forty-four of the executive law to
  the  medical  or  personal  records  of  any patient or resident if such
  patient  or  resident,  or,  where   appropriate,   committee   for   an
  incompetent,  has  given  express  written  consent  to such disclosure;
  provided, however, that (i) in the case of medical  records,  disclosure
  may  be  exclusive  of the personal notes of the physician as defined in
  such regulations and (ii) access may be limited to such times as may  be
  specified in such regulations. Such records shall be made available by a
  member or members of the facility's staff who shall be designated by the
  facility  to  provide  access to and, where necessary, interpretation of
  such records to such records access ombudsman, who shall have the  right
  to  photocopy such records. The facility may charge a reasonable fee for
  photocopying pursuant to  such  regulations.  Disclosure  to  a  records
  access  ombudsman  of records of any patient or resident pursuant to the
  written consent of such patient or resident shall not give rise  to  any
  claim  against  the  facility, its staff, or the patient's or resident's
  physician based solely on the fact of such disclosure pursuant  to  such
  written  consent.  Nothing in this paragraph shall be construed to limit
  or abridge any right of access to records, including financial  records,
  otherwise  available  to  ombudsmen, patients or residents, or any other
  person.
    n.  Pursuant  to  regulations  promulgated  by  the  commissioner   in
  consultation  with the director of the office for the aging, no facility
  or individual shall retaliate or take reprisals  against  any  resident,
  employee,  or  other person for having filed a complaint with, or having
  provided  information  to,  any  long  term   care   patient   ombudsman
  functioning  in  accordance with section five hundred forty-four or five
  hundred forty-five of the executive  law,  nor  shall  any  facility  or
  individual  interfere  with  the  official duties of any such ombudsman.
  Such regulations shall provide for appropriate sanctions with respect to
  such retaliation, reprisals, or interference.

    (o) Every patient shall have  the  right  to  authorize  those  family
  members  and other adults who will be given priority to visit consistent
  with the patient's or resident's ability to receive visitors.
    p.  A  statement  informing  the  patient  of his or her right to make
  organ, tissue or whole body  donations,  and  the  means  by  which  the
  patient  may make such a donation. The commissioner shall promulgate any
  rules and regulations necessary to  implement  the  provisions  of  this
  paragraph.
    4. Each facility shall give a copy of the statement to each patient at
  or  prior  to the time of admission to the facility, or to the appointed
  personal representative at the time of appointment and to each member of
  the facility's staff.
    5. Each facility shall prepare a written plan and provide  appropriate
  staff  training  to  implement  each  patient's  right  included  in the
  statement.