FRIA brings together, supports and trains families and friends to work together collectively to build and sustain strong and effective councils in nursing homes. Family councils have achieved many successes in their advocacy that have resulted in higher quality care and improved quality of life for residents. Though the structure may differ from council to council, councils have succeeded because strong, smart individuals came together over concerns for individual residents, as well as for all residents at their nursing home. Some councils work with staff in a collaborative way. Many others work independently without staff involvement. 

Federal and New York State Regulations allow family and friends the right to meet together with other families and residents in the facility. New York State enacted a law in 2005 that goes well beyond the Federal protections.

Summary of the New York State Family Council Law 

• Defines a family council as an organization of family members, friends, or representatives of two or more residents of a residential health care facility.

• Prohibits residential health care facilities from interfering with the formation of a family council.

•  Permits family councils to meet in private, with or without facility staff at the group's choosing.

• Facility policies on family councils may in no way limit the rights of residents, family members and family council members to meet independently with outside persons or facility staff.

• 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 at the facility. 

• The facility shall respond in writing to written requests or concerns of the family council within ten working days.

• Family councils shall be provided with adequate space on a prominent bulletin board or other posting area for the display of meeting notices or other information pertaining to the operation or interest of the family council.

• The facility shall include notice of the family council meetings in at least quarterly mailings and inform family members or representatives of new residents of the exsistence of the family council during the admissions process. 

• No facility shall willfully interfere with the formation, maintenance or promotion of a family council. Willful interference includes discrimination or retaliation 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.

• Violation of these laws constitutes a violation of resident rights making the offense subject to a fine.

• In response to FRIA's press release the Department of Health notified all nursing home administrators in New York State about the new legislation in a "Dear Administrator" letter.  The letter clearly defines the rights of family councils and the requirements of the administration to in no way interfere with the council's formation, maintenance and promotion.