Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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Jan 06, 2010 |
referred to mental health |
Jun 05, 2009 |
referred to mental health |
Assembly Bill A8771
2009-2010 Legislative Session
Sponsored By
RIVERA P
Archive: Last Bill Status - In Assembly Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
2009-A8771 (ACTIVE) - Details
2009-A8771 (ACTIVE) - Sponsor Memo
BILL NUMBER:A8771 TITLE OF BILL: An act to amend the mental hygiene law, in relation to notifying the local department of social services upon the death of an incapacitated person SUMMARY OF PROVISIONS: Section one of the bill would amend Mental Hygiene Law §81.44 to require that, upon an incapacitated person's death, the guardian of such person serves a copy of the statement of death upon the local department of social services. Section 81.44 already requires service of a copy of the statement of death upon the court examiner, the personal representative of the decedent's estate and upon the public administrator of the chief fiscal officer of the county in which the guardian was appointed. Section two of the bill would make the bill take effect immediately. REASONS FOR SUPPORT: Presently, there is no systematic way for the City to be promptly notified upon the death of an individual who, due to incapacitation, has been assigned a guardian. This notification is critically important when such individual has outstanding Medicaid liens. The City's Human Resources Administration (HRA) finds out about the death of an incapacitated person only if a guardian chooses to notify ERA or through checks on the Welfare Maintenance System and Nexus death records. This piecemeal and time-consuming approach helps to identify many of the cases with outstanding Medicaid liens and
2009-A8771 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 8771 2009-2010 Regular Sessions I N A S S E M B L Y June 5, 2009 ___________ Introduced by M. of A. P. RIVERA -- read once and referred to the Committee on Mental Health, Mental Retardation and Developmental Disa- bilities AN ACT to amend the mental hygiene law, in relation to notifying the local department of social services upon the death of an incapacitated person THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph 1 of subdivision (c) of section 81.44 of the mental hygiene law, as added by chapter 175 of the laws of 2008, is amended to read as follows: 1. serve a copy of the statement of death upon the court examiner, the duly appointed personal representative of the decedent's estate, or, if no [person] PERSONAL representative has been appointed, then upon the personal representative named in the decedent's will or any trust instrument, if known, UPON THE LOCAL DEPARTMENT OF SOCIAL SERVICES and upon the public administrator of the chief fiscal officer of the county in which the guardian was appointed, and S 2. This act shall take effect immediately. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD14191-01-9
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