|
Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
|---|---|
| Sep 18, 2010 |
tabled vetoed memo.6811 |
| Sep 07, 2010 |
delivered to governor |
| Jun 30, 2010 |
returned to assembly passed senate |
| Jun 16, 2010 |
3rd reading cal.471 substituted for s7432a |
| Jun 15, 2010 |
referred to rules delivered to senate passed assembly ordered to third reading rules cal.155 rules report cal.155 reported reported referred to rules |
| Jun 03, 2010 |
reported referred to ways and means |
| May 21, 2010 |
print number 10824b |
| May 21, 2010 |
amend and recommit to mental health |
| May 05, 2010 |
print number 10824a |
| May 05, 2010 |
amend (t) and recommit to mental health |
| Apr 23, 2010 |
referred to mental health |
Assembly Bill A10824
Vetoed By Governor2009-2010 Legislative Session
Sponsored By
CUSICK
Archive: Last Bill Status - Vetoed by Governor
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Vetoed By Governor
- Signed By Governor
Actions
Votes
Bill Amendments
co-Sponsors
Matthew Titone
Janele Hyer-Spencer
2009-A10824 - Details
2009-A10824 - Sponsor Memo
BILL NUMBER:A10824
TITLE OF BILL: An act to amend the mental hygiene law, in relation to
providing a mental hygiene legal service to patients or residents of
nursing home facilities
PURPOSE OR GENERAL IDEA OF BILL: Provides a mental hygiene legal service
to certain patients or residents of residential healthcare facilities.
SUMMARY OF SPECIFIC PROVISIONS: Section 1 amends subdivision (a) of
section 47.01 of the mental hygiene law as amended by chapter 7 of the
laws of 2007. Section 2 is the effective date.
JUSTIFICATION: In 1993, the Mental Hygiene Law §47.01 (a) was amended
with the objective of extending the jurisdiction of the Mental Hygiene
Legal Services (MHLS), which is the state agency legislatively assigned
to act as counsel and to advocate for the mentally disabled. The intent
of this law was for MHLS to represent these individuals without first
having to establish jurisdiction because of their residence. Since this
time, specifically in 1996, a fairly wide-spread practice began by the
state of discharging psychiatric patients from psychiatric hospitals to
discrete nursing homes units, referred to as neurobiological units
(NBUS). Since the NBUS where not licensed by the state Office of Mental
Health (0MH), the MHLS attorneys had to request access to these resi-
dents in order to represent their legal rights. However, they were
denied on the ground that the nursing homes were not OMH licensed facil-
2009-A10824 - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
10824
I N A S S E M B L Y
April 23, 2010
___________
Introduced by M. of A. CUSICK, TITONE, HYER-SPENCER -- read once and
referred to the Committee on Mental Health
AN ACT to amend the mental hygiene law, in relation to providing a
mental hygiene legal service to patients or residents of nursing home
facilities
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision (a) of section 47.01 of the mental hygiene law,
as amended by chapter 7 of the laws of 2007, is amended to read as
follows:
(a) There shall be a mental hygiene legal service of the state in each
judicial department. The service shall provide legal assistance to
patients or residents of a facility as defined in section 1.03 of this
chapter, PATIENTS OR RESIDENTS OF RESIDENTIAL HEALTHCARE FACILITIES, OR
NURSING HOME FACILITIES CERTIFIED OR LICENSED BY THE OFFICE OF MENTAL
HEALTH OR BY THE DEPARTMENT OF HEALTH, or any other place or facility
which is required to have an operating certificate pursuant to article
sixteen or thirty-one of this chapter, and to persons alleged to be in
need of care and treatment in such facilities or places, and to persons
entitled to such legal assistance as provided by article ten of this
chapter. The head of such service in each judicial department and such
assistants and such staff as may be necessary shall be appointed and may
be removed by the presiding justice of the appellate division of the
judicial department. Appointments and transfers to the service shall
comply with the provisions of the civil service law. Standards for qual-
ifications of the personnel in the service shall be established by the
presiding justice of the appellate division of the judicial department.
The presiding justice of the appellate division of the judicial depart-
ment shall promulgate such rules or regulations as may be necessary to
effectuate the purposes of this article.
S 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD16856-02-0
co-Sponsors
Matthew Titone
Janele Hyer-Spencer
2009-A10824A - Details
2009-A10824A - Sponsor Memo
BILL NUMBER:A10824A
TITLE OF BILL: An act to amend the mental hygiene law, in relation to
providing a mental hygiene legal service to certain patients or resi-
dents of residential healthcare facilities
PURPOSE OR GENERAL IDEA OF BILL: This bill provides mental hygiene legal
services with authority to provide legal assistance to patients or resi-
dents of residential healthcare facilities including nursing homes who
have been admitted directly from a psychiatric facility or a psychiatric
ward of a hospital and who have a chronic mental illness for which they
are receiving services related to such illness.
SUMMARY OF SPECIFIC PROVISIONS: Sections 1 of the bill amends section
47.01 subdivision (a) of the mental hygiene law to include patients and
residents of residential healthcare facilities including nursing homes
who have been directly admitted from a facility licensed by the Office
of Mental Health and who have a chronic mental illness and are receiving
services for such illness.
Section 2 of the bill provides for an immediate effective date.
JUSTIFICATION: The NYS Court of Appeals, the State's highest court,
recently ruled that Mental Hygiene Legal Services (MHLS) lacks jurisdic-
tion to represent mentally ill individuals who have been admitted to
nursing homes from psychiatric centers and psychiatric hospital wards
2009-A10824A - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
10824--A
I N A S S E M B L Y
April 23, 2010
___________
Introduced by M. of A. CUSICK, TITONE, HYER-SPENCER -- read once and
referred to the Committee on Mental Health -- committee discharged,
bill amended, ordered reprinted as amended and recommitted to said
committee
AN ACT to amend the mental hygiene law, in relation to providing a
mental hygiene legal service to certain patients or residents of resi-
dential healthcare facilities
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision (a) of section 47.01 of the mental hygiene law,
as amended by chapter 7 of the laws of 2007, is amended to read as
follows:
(a) There shall be a mental hygiene legal service of the state in each
judicial department. The service shall provide legal assistance to
patients or residents of a facility as defined in section 1.03 of this
chapter, PATIENTS OR RESIDENTS OF RESIDENTIAL HEALTHCARE FACILITIES
INCLUDING NURSING HOMES LICENSED AND OPERATING PURSUANT TO ARTICLE TWEN-
TY-EIGHT OF THE PUBLIC HEALTH LAW WHO HAVE BEEN ADMITTED DIRECTLY FROM A
FACILITY AS DEFINED IN SECTION 1.03 OF THIS CHAPTER AND WHO HAVE A
CHRONIC MENTAL ILLNESS AND ARE RECEIVING SERVICES RELATED TO SUCH
ILLNESS, or any other place or facility which is required to have an
operating certificate pursuant to article sixteen or thirty-one of this
chapter, and to persons alleged to be in need of care and treatment in
such facilities or places, and to persons entitled to such legal assist-
ance as provided by article ten of this chapter. The head of such
service in each judicial department and such assistants and such staff
as may be necessary shall be appointed and may be removed by the presid-
ing justice of the appellate division of the judicial department.
Appointments and transfers to the service shall comply with the
provisions of the civil service law. Standards for qualifications of the
personnel in the service shall be established by the presiding justice
of the appellate division of the judicial department. The presiding
justice of the appellate division of the judicial department shall
promulgate such rules or regulations as may be necessary to effectuate
the purposes of this article.
S 2. This act shall take effect immediately.
co-Sponsors
Matthew Titone
Janele Hyer-Spencer
2009-A10824B (ACTIVE) - Details
2009-A10824B (ACTIVE) - Sponsor Memo
BILL NUMBER:A10824B
TITLE OF BILL: An act to amend the mental hygiene law, in relation to
providing a mental hygiene legal service to certain patients or
residents of residential healthcare facilities
PURPOSE OR GENERAL IDEA OF BILL: This bill provides mental hygiene
legal services with authority to provide legal assistance to patients
or residents of residential health care facilities including nursing
homes who have been admitted directly from a psychiatric facility or a
psychiatric ward of a hospital and who have a serious mental illness
for which they are receiving services related to such illness.
SUMMARY OF SPECIFIC PROVISIONS: Sections 1 of the bill amends section
47.01 subdivision (a) of the mental hygiene law to include patients
and residents of residential healthcare facilities including nursing
homes who have been directly admitted from a facility licensed by the
Office of Mental Health and who have a serious mental illness and are
receiving services for such illness.
Section 2 of the bill provides for an immediate effective date.
JUSTIFICATION: The NYS Court of Appeals, the State's highest court,
recently ruled that Mental Hygiene Legal Services (MHLS) lacks
jurisdiction to represent mentally ill individuals who have been
admitted to nursing homes from psychiatric centers and psychiatric
2009-A10824B (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
10824--B
I N A S S E M B L Y
April 23, 2010
___________
Introduced by M. of A. CUSICK, TITONE, HYER-SPENCER -- read once and
referred to the Committee on Mental Health -- committee discharged,
bill amended, ordered reprinted as amended and recommitted to said
committee -- again reported from said committee with amendments,
ordered reprinted as amended and recommitted to said committee
AN ACT to amend the mental hygiene law, in relation to providing a
mental hygiene legal service to certain patients or residents of resi-
dential healthcare facilities
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision (a) of section 47.01 of the mental hygiene law,
as amended by chapter 7 of the laws of 2007, is amended to read as
follows:
(a) There shall be a mental hygiene legal service of the state in each
judicial department. The service shall provide legal assistance to
patients or residents of a facility as defined in section 1.03 of this
chapter, PATIENTS OR RESIDENTS OF RESIDENTIAL HEALTHCARE FACILITIES
INCLUDING NURSING HOMES LICENSED AND OPERATING PURSUANT TO ARTICLE TWEN-
TY-EIGHT OF THE PUBLIC HEALTH LAW WHO HAVE BEEN ADMITTED DIRECTLY FROM A
FACILITY AS DEFINED IN SECTION 1.03 OF THIS CHAPTER AND WHO HAVE A SERI-
OUS MENTAL ILLNESS AS DEFINED IN SECTION 1.03 OF THIS CHAPTER AND ARE
RECEIVING SERVICES RELATED TO SUCH ILLNESS, or any other place or facil-
ity which is required to have an operating certificate pursuant to arti-
cle sixteen or thirty-one of this chapter, and to persons alleged to be
in need of care and treatment in such facilities or places, and to
persons entitled to such legal assistance as provided by article ten of
this chapter. The head of such service in each judicial department and
such assistants and such staff as may be necessary shall be appointed
and may be removed by the presiding justice of the appellate division of
the judicial department. Appointments and transfers to the service
shall comply with the provisions of the civil service law. Standards for
qualifications of the personnel in the service shall be established by
the presiding justice of the appellate division of the judicial depart-
ment. The presiding justice of the appellate division of the judicial
department shall promulgate such rules or regulations as may be neces-
sary to effectuate the purposes of this article.
S 2. This act shall take effect immediately.
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