(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.
Structure New York Laws
2800 - Declaration of Policy and Statement of Purpose.
2801-A - Establishment or Incorporation of Hospitals.
2801-D - Private Actions by Patients of Residential Health Care Facilities.
2801-E - Voluntary Residential Health Care Facility Rightsizing Demonstration Program.
2801-F - Residential Health Care Facility Quality Incentive Payment Program.
2801-G - Community Forum on Hospital Closure.
2801-H - Personal Caregiving Visitors for Nursing Home Residents During Public Health Emergencies.
2802 - Approval of Construction.
2802-A - Transitional Care Unit Demonstration Program.
2802-B - Health Equity Impact Assessments.
2803 - Commissioner and Council; Powers and Duties.
2803-A - Authority to Contract.
2803-B - Uniform Reports and Accounting Systems for Hospital Costs.
2803-C - Rights of Patients in Certain Medical Facilities.
2803-C-1 - Rights of Patients in Certain Medical Facilities; Long-Term Care Ombudsman Program.
2803-E - Residential Health Care Facilities; Return and Redistribution of Unused Medication.
2803-E*2 - Reporting Incidents of Possible Professional Misconduct.
2803-G - Board of Visitors in County Owned Residential Health Care Facility.
2803-H - Health Related Facility; Pet Therapy Programs.
2803-I - General Hospital Inpatient Discharge Review Program.
2803-J - Information for Maternity Patients.
2803-J*2 - Nursing Home Nurse Aide Registry.
2803-K - In-Patient Nasogastric Feeding Procedures.
2803-L - Community Service Plans.
2803-M - Discharge of Hospital Patients to Adult Homes.
2803-N - Hospital Care for Maternity Patients.
2803-O - Hospital Care for Mastectomy, Lumpectomy, and Lymph Node Dissection Patients.
2803-P - Disclosure of Information Concerning Family Violence.
2803-Q - Family Councils in Residential Health Care Facilities.
2803-R - Dissemination of Information About the Abandoned Infant Protection Act.
2803-S - Access to Product Recall Information.
2803-T - Preadmission Information.
2803-U - Hospital Substance Use Disorder Policies and Procedures.
2803-V - Lymphedema Information Distribution.
2803-V*2 - Standing Orders for New Born Care in a Hospital.
2803-W - Independent Quality Monitors for Residential Health Care Facilities.
2803-W*2 - Disclosure of Information Concerning Pregnancy Complications.
2803-X - Requirements Related to Nursing Homes and Related Assets and Operations.
2803-Y - Provision of Residency Agreement.
2803-Z*2 - Antimicrobial Resistance Prevention and Education.
2803-AA - Sickle Cell Disease Information Distribution.
2803-AA*2 - Nursing Home Infection Control Competency Audit.
2804 - Units for Hospital and Health-Related Affairs.
2804-A - State Task Force on Clinical Practice Guidelines and Medical Technology Assessment.
2805 - Approval of Hospitals; Operating Certificates.
2805-A - Disclosure of Financial Transactions.
2805-B - Admission of Patients and Emergency Treatment of Nonadmitted Patients.
2805-E - Reports of Residential Health Care Facilities.
2805-G - Maintenance of Records.
2805-I - Treatment of Sexual Offense Victims and Maintenance of Evidence in a Sexual Offense.
2805-J - Medical, Dental and Podiatric Malpractice Prevention Program.
2805-K - Investigations Prior to Granting or Renewing Privileges.
2805-L - Adverse Event Reporting.
2805-N - Child Abuse Prevention.
2805-P - Emergency Treatment of Rape Survivors.
2805-Q - Hospital Visitation by Domestic Partner.
2805-R - Patients Unable to Verbally Communicate.
2805-S - Circulating Nurse Required.
2805-T - Clinical Staffing Committees and Disclosure of Nursing Quality Indicators.
2805-U - Credentialing and Privileging of Health Care Practioners Providing Telemedicine Services.
2805-V - Observation Services.
2805-W - Patient Notice of Observation Services.
2805-X - Hospital-Home Care-Physician Collaboration Program.
2805-Y - Indentification and Assessment of Human Trafficking Victims.
2805-Z - Hospital Domestic Violence Policies and Procedures.
2806 - Hospital Operating Certificates; Suspension or Revocation.
2815 - Health Facility Restructuring Program.
2815-A - Community Health Care Revolving Capital Fund.
2816 - Statewide Planning and Research Cooperative System.
2806-B - Residential Health Care Facilities; Revocation of Operating Certificate.
2807 - Hospital Reimbursement Provisions; Generally.
2807-AA - Nurse Loan Repayment Program.
2807-D - Hospital Assessments.
2807-DD - Temporary Nursing Home Stability Contributions.
2807-D-1 - Hospital Quality Contributions.
2807-F - Health Maintenance Organization Payment Factor.
2807-I - Service and Quality Improvement Grants.
2807-J - Patient Services Payments.
2807-K - General Hospital Indigent Care Pool.
2807-L - Health Care Initiatives Pool Distributions.
2807-M - Distribution of the Professional Education Pools.
2807-N - Palliative Care Education and Training.
2807-O - Early Intervention Services Pool.
2807-P - Comprehensive Diagnostic and Treatment Centers Indigent Care Program.
2807-R - Funding for Expansion of Cancer Services.
2807-S - Professional Education Pool Funding.
2807-T - Assessments on Covered Lives.
2807-U - Transfers for Tax Credits.
2807-V - Tobacco Control and Insurance Initiatives Pool Distributions.
2807-W - High Need Indigent Care Adjustment Pool.
2807-X - Grants for Long Term Care Demonstration Projects.
2807-Z - Review of Eligible Federally Qualified Health Center Capital Projects.
2808 - Residential Health Care Facilities; Rates of Payment.
2808-A - Liability of Certain Persons.
2808-B - Certification of Financial Statements and Financial Information.
2808-C - Reimbursement of General Hospital Inpatient Services.
2808-D - Nursing Home Quality Improvement Demonstration Program.
2808-E*2 - Nursing Home Ratings.
2809 - Residential Health Care Facilities; Powers to Require Security.
2810 - Residential Health Care Facilities; Receivership.
2811 - Discounts and Splitting Fees With Medical Referral Services; Prohibited.
2814 - Health Networks, Global Budgeting, and Health Care Demonstrations.
2816-A - Cardiac Services Information.
2817 - Community Health Centers Capital Program.
2818 - Health Care Efficiency and Affordability Law of New Yorkers (Heal Ny) Capital Grant Program.
2819 - Hospital Acquired Infection Reporting.
2820 - Home Based Primary Care for the Elderly Demonstration Project.
2821 - State Electronic Health Records (Ehr) Loan Program.
2822 - Residential Care Off-Site Facility Demonstration Project.
2823 - Supportive Housing Development Program.
2824 - Central Service Technicians.
2824*2 - Surgical Technology and Surgical Technologists.
2825 - Capital Restructuring Financing Program.
2825-A - Health Care Facility Transformation: Kings County Project.
2825-B - Oneida County Health Care Facility Transformation Program:oneida County Project.
2825-C - Essential Health Care Provider Support Program.
2825-D - Health Care Facility Tranformation Program: Statewide.
2825-E - Health Care Facility Tranformation Program: Statewide Ii.
2825-F - Health Care Facility Tranformation Program: Statewide Iii.
2825-G - Health Care Facility Transformation Program: Statewide Iv.
2825-H - Health Care Facility Transformation Program: Statewide V.
2826 - Temporary Adjustment to Reimbursement Rates.
2827 - Plant-Based Food Options.
2828 - Residential Health Care Facilities; Minimum Direct Resident Care Spending.
2829 - Nursing Homes; Disclosure Requirements.