senate Bill S5223

Amended

Relates to the creation of a bill of rights for family and guardians of people with developmental disabilities that reside in residences certified or approved by the OPWDD

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
view actions

actions

  • 14 / May / 2013
    • REFERRED TO MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES
  • 22 / May / 2013
    • REPORTED AND COMMITTED TO FINANCE
  • 13 / Jun / 2013
    • AMEND AND RECOMMIT TO FINANCE
  • 13 / Jun / 2013
    • PRINT NUMBER 5223A
  • 18 / Dec / 2013
    • AMEND AND RECOMMIT TO FINANCE
  • 18 / Dec / 2013
    • PRINT NUMBER 5223B
  • 08 / Jan / 2014
    • REFERRED TO MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES
  • 29 / Apr / 2014
    • REPORTED AND COMMITTED TO FINANCE
  • 12 / May / 2014
    • AMEND (T) AND RECOMMIT TO FINANCE
  • 12 / May / 2014
    • PRINT NUMBER 5223C
  • 19 / Jun / 2014
    • AMEND AND RECOMMIT TO FINANCE
  • 19 / Jun / 2014
    • PRINT NUMBER 5223D

Summary

Relates to the creation of a bill of rights for family and guardians of people with developmental disabilities that reside in residences certified or approved by the office for people with developmental disabilities.

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Bill Details

See Assembly Version of this Bill:
A7312A
Versions:
S5223
S5223A
S5223B
S5223C
S5223D
Legislative Cycle:
2013-2014
Current Committee:
Senate Finance
Law Section:
Mental Hygiene Law
Laws Affected:
Add ยง13.04, Ment Hyg L

Votes

10
0
10
Aye
0
Nay
1
aye with reservations
0
absent
0
excused
0
abstained
show Mental Health and Developmental Disabilities committee vote details

Sponsor Memo

BILL NUMBER:S5223

TITLE OF BILL: An act to amend the mental hygiene law, in relation to
creating a bill of rights for family and guardians of people with
developmental disabilities that reside in residences funded, licensed
and operated by the office for people with developmental disabilities

PURPOSE: The bill creates a bill of rights for family members and
guardians of people with developmental disabilities.

SUMMARY OF PROVISIONS:

Section 1 of the bill amends the mental hygiene law by adding a new
section 13.04 to create a bill of rights for qualified family members
and guardians of individuals with developmental disabilities who
reside in residences that are funded, licensed, and operated by the
office.

The bill of rights enumerates several rights that family members and
guardians should have in regards to access to information. These
rights include: access to fire safety plans, meal menus, immediate
notification of an event that impacts the health and safety of an
individual, and the right to have input on any decision regarding
placement or transfer of an individual with developmental disabilities
in a residence, The bill also puts in place certain rights with
respect to Medicaid waivers obtained by the state including the right
to independent advocates and the right to choose a care coordinator.

A qualified family member includes parents, siblings, spouse, aunts or
uncles, grandparents, and the adult child of an individual with
developmental disabilities.

Section 2 is the effective date

JUSTIFICATION: Family advocates have expressed their growing
frustrations with the lack of access to information regarding the care
of a loved one residing in an residence operated by OPWDD. Parents,
family members and guardians are frustrated by the lack of family
input on placement decisions and by the lack of notification of, or
access to, events and information regarding the health and safety of
their family member. As the New York State moves towards a managed
care system, parents are very concerned about what this will mean for
their children with developmental disabilities. They are concerned
that this transition will result in a lack of communication with, and
transparency from, the managed care entities. This is why parent
advocates have expressed the need for input in choosing a care
coordinator, making sure there is a program to advocate on behalf of
their family member's needs, and to have access to any information
that is needed to make an informed decision. The rights enumerated in
this bill will ensure that family members and guardians have access to
important information about the care being provided for their family
member with a developmental disability.

LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: To be determined


EFFECTIVE DATE: Effective immediately

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5223

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 14, 2013
                               ___________

Introduced  by Sen. CARLUCCI -- read twice and ordered printed, and when
  printed to be committed to the Committee on Mental Health and Develop-
  mental Disabilities

AN ACT to amend the mental hygiene law, in relation to creating  a  bill
  of  rights for family and guardians of people with developmental disa-
  bilities that reside in residences funded, licensed  and  operated  by
  the office for people with developmental disabilities

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The mental hygiene law is amended by adding a  new  section
13.04 to read as follows:
S 13.04 FAMILY BILL OF RIGHTS.
  (A)  THE  PRINCIPLES ENUNCIATED IN SUBDIVISION (C) OF THIS SECTION ARE
DECLARED TO BE THE PUBLIC POLICY OF THE STATE AND A COPY OF SUCH  STATE-
MENT  OF  RIGHTS SHALL BE POSTED CONSPICUOUSLY IN A PUBLIC PLACE IN EACH
RESIDENCE FUNDED, LICENSED AND OPERATED BY THE OFFICE. FOR  PURPOSES  OF
THIS SECTION, "QUALIFIED FAMILY MEMBER" MEANS A PARENT, SPOUSE, SIBLING,
GRANDPARENT, AUNT, UNCLE OR AN ADULT CHILD OF THE RESIDENT.
  (B)  THE  COMMISSIONER SHALL MAKE AVAILABLE TO EVERY RESIDENCE FUNDED,
LICENSED AND OPERATED BY THE OFFICE, ON THE OFFICE'S WEBSITE A  COPY  OF
THE  STATEMENT  OF RIGHTS PROVIDED IN SUBDIVISION (C) OF THIS SECTION IN
THE TOP SIX LANGUAGES OTHER THAN ENGLISH SPOKEN IN THE  STATE  ACCORDING
TO  THE  LATEST AVAILABLE DATA FROM THE U.S. BUREAU OF CENSUS, AND SHALL
ADOPT ANY RULES AND REGULATIONS NECESSARY TO ENSURE THAT SUCH  QUALIFIED
FAMILY  MEMBERS  AND  GUARDIANS  ARE  TREATED  IN  ACCORDANCE  WITH  THE
PROVISIONS OF SUCH STATEMENT.
  (C) THE STATEMENT OF RIGHTS SHALL CONSIST OF THE FOLLOWING:
  "FAMILY BILL OF RIGHTS"
  QUALIFIED FAMILY MEMBERS AND GUARDIANS SHALL HAVE THE FOLLOWING RIGHTS
IN REGARDS TO A RESIDENT WHO RESIDES IN A RESIDENCE FUNDED, OPERATED  OR
LICENSED BY THE OFFICE. THESE RIGHTS SHALL INCLUDE:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10708-04-3

S. 5223                             2

  YOU  HAVE  THE  RIGHT TO HAVE ACCESS TO A RESIDENCE'S FIRE SAFETY PLAN
AND ANY INFORMATION REGARDING A RESIDENCE'S PASSAGE OR  FAILURE  OF  ANY
FIRE SAFETY DRILLS CONDUCTED BY THE RESIDENCE AND THE OFFICE.
  YOU  HAVE  THE RIGHT TO IMMEDIATE NOTIFICATION OF ANY EVENT THAT WOULD
IMPACT THE HEALTH AND SAFETY OF THE INDIVIDUAL.
  YOU HAVE THE RIGHT TO HAVE ACCESS TO INFORMATION REGARDING THE  HEALTH
AND SAFETY OF THE INDIVIDUAL.
  YOU HAVE THE RIGHT TO HAVE ACCESS TO A RESIDENCE'S FOOD MENUS.
  YOU  HAVE  THE  RIGHT  FOR A QUALIFIED FAMILY MEMBER OR GUARDIAN TO BE
ABLE TO HAVE UNANNOUNCED VISITS.
  YOU HAVE THE RIGHT TO HAVE INPUT IN ANY DECISION MADE BY THE OFFICE OR
LOCAL GOVERNMENTAL UNIT REGARDING THE APPROPRIATE PLACEMENT OF A  PERSON
WITH  DEVELOPMENTAL  DISABILITIES  WITHIN A RESIDENCE OR THE DECISION TO
TRANSFER A PERSON WITH DEVELOPMENTAL DISABILITIES FROM ONE RESIDENCE  TO
ANOTHER.
  YOU HAVE THE RIGHT TO FINANCIAL TRANSPARENCY INCLUDING ACCESS TO BUDG-
ETARY INFORMATION OF THE RESIDENCE INCLUDING INDIVIDUAL EXPENSES.
  YOU  HAVE  THE  RIGHT TO ACCESS ALL JUSTICE CENTER REPORTS OF INVESTI-
GATIONS OF ALLEGATIONS OF ABUSE AND ANY REPORTS REGARDING FINAL DETERMI-
NATIONS REGARDING ANY DEATHS OR ABUSE IN RESIDENTIAL FACILITIES.
  YOU HAVE THE RIGHT TO BE INFORMED REGARDING ANY STAFFING CHANGES.
  FOR PURPOSES OF MEDICAID WAIVERS OBTAINED BY THE STATE:
  YOU HAVE THE RIGHT TO CHOOSE A CARE COORDINATOR
  YOU HAVE THE RIGHT TO HAVE ACCESS TO  ALL  DOCUMENTS  AND  INFORMATION
REGARDING CARE AND PROGRAMS
  YOU HAVE THE RIGHT TO INDEPENDENT ADVOCATES
  YOU  HAVE THE RIGHT TO MANDATED PROCEDURES IF QUALIFIED FAMILY MEMBERS
OR GUARDIANS NEED TO CHALLENGE A DECISION
  ALL THE ABOVE ARE YOUR RIGHTS. IF THE RESIDENTIAL  FACILITY  DOES  NOT
HONOR  THESE  RIGHTS  YOU CAN SEEK HELP BY CONTACTING THE NEW YORK STATE
DEPARTMENT OF HEALTH OR BY CONTACTING THE RESIDENTIAL FACILITY.
  (D) THE COMMISSIONER SHALL ESTABLISH A  PUBLIC  EDUCATION  PROGRAM  TO
DISSEMINATE  INFORMATION  REGARDING IMPLEMENTATION OF THIS SECTION. SUCH
INFORMATION SHALL INCLUDE, BUT NOT BE LIMITED  TO,  PUBLICATION  OF  THE
FAMILY  BILL  OF RIGHTS AS SPECIFIED IN SUBDIVISION (C) OF THIS SECTION;
PUBLICATION OF THE RIGHTS OF QUALIFIED FAMILY MEMBERS AND GUARDIANS OF A
RESIDENT WHO RESIDES IN A RESIDENCE FUNDED, OPERATED OR LICENSED BY  THE
OFFICE; AND PUBLICATION OF CERTAIN PROVISIONS RELATING TO MEDICAID WAIV-
ERS OBTAINED BY THE STATE.
  S 2. This act shall take effect immediately.

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