The
Family Council law is Chapter 390 Laws of 2004 now codified as
Public
Health Law 2803-Q.
New
York Public Health Law
§
2803-q. Family councils in residential health care facilities.
1.
As used in this section:
(a)
Family council means an organization of family members, friends,
or representatives of two or more residents of a residential health
care facility, organized to act under this section.
(b)
Facility means the residential health care facility for which
a family council is formed.
2.
No residential health care facility may prohibit the formation of
a family council, and, when requested by a member of the resident's
family or the resident's representative, the family council shall
be allowed to meet in a common meeting room of the facility, in
private without facility staff at least once a month during mutually
agreed upon hours.
3. Facility policies on family councils shall in no way limit the
right of residents, family members, and family council members to
meet independently with outside persons, including members of nonprofit
or government organizations or with facility personnel during non-working
hours.
4. Family councils shall also be provided adequate space on a prominent
bulletin board or other posting area for the display of meeting
notices, minutes, newsletters, or other information pertaining to
the operation or interest of the family council.
5.
Staff or visitors may attend family council meetings, at the group's
invitation.
6. The facility shall provide a designated staff person who shall
be responsible for providing assistance and responding to written
requests that result from family council meetings.
7. The facility shall consider the views and act upon the grievances
and recommendations of a family council concerning proposed policy
and operational decisions affecting resident care and life in the
facility.
8. The facility shall respond in writing to written requests or
concerns of the family council, within ten working days.
9.
When a family council exists, the facility shall include notice
of the family council meetings in at least a quarterly mailing,
and shall inform family members or representatives of new residents
who are identified on the admissions agreement, during the admissions
process, or in the resident's
records, of the existence of the family council. The notice
shall include the time, place, and date of meetings, and the person
to contact regarding involvement in the family council.
10.
No facility shall willfully interfere with the formation, maintenance,
or promotion of a family council. For the purposes of this subdivision,
willful interference shall include, but not be limited to, discrimination
or retaliation in any way against an individual as a result of his
or her participation in a family council, or the willful scheduling
of facility events in conflict with a previously scheduled family
council meeting.
11. Violation
of the provisions of this section shall constitute a violation of
the resident's rights pursuant to this chapter. |
