Assembly Bill A7647

2009-2010 Legislative Session

Relates to the training of boards of directors or trustees of certain voluntary not-for-profit facilities or corporations

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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

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 23, 2010	print number 7647a
Mar 23, 2010	amend and recommit to ways and means reported referred to ways and means
Jan 20, 2010	committed to mental health
Jan 06, 2010	ordered to third reading cal.509 returned to assembly died in senate
Jun 18, 2009	referred to rules delivered to senate passed assembly ordered to third reading rules cal.469 rules report cal.469 reported
Jun 08, 2009	reported referred to rules
May 19, 2009	reported referred to ways and means
Apr 17, 2009	referred to mental health

Bill Amendments

Original

A (Active)

co-Sponsors

2009-A7647 - Details

Current Committee:: Assembly Ways And Means
Law Section:: Mental Hygiene Law
Laws Affected:: Amd §§7.09, 7.39, 13.39, 13.09, 32.37 & 19.09, Ment Hyg L
Versions Introduced in 2011-2012 Legislative Session:: A3478

2009-A7647 - Summary

Relates to the training of boards of directors or trustees of certain voluntary not-for-profit facilities or corporations.

2009-A7647 - Bill Text download pdf

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

                                  7647

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             April 17, 2009
                               ___________

Introduced  by  M.  of  A.  P. RIVERA,  JAFFEE, LUPARDO -- read once and
  referred to the Committee on Mental  Health,  Mental  Retardation  and
  Developmental Disabilities

AN  ACT  to amend the mental hygiene law, in relation to the training of
  boards of directors or trustees of  certain  voluntary  not-for-profit
  facilities or corporations

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

  Section 1.   Section 7.09 of the mental  hygiene  law  is  amended  by
adding a new subdivision (k) to read as follows:
  (K)  THE COMMISSIONER SHALL PROMULGATE RULES AND REGULATIONS REQUIRING
THAT BOARDS OF DIRECTORS OF VOLUNTARY NOT-FOR-PROFIT AGENCIES WHICH  ARE
LICENSED  BY,  FUNDED  BY  OR  UNDER  CONTRACT WITH THE OFFICE, WITH THE
EXCEPTION OF HOSPITALS OPERATED PURSUANT TO ARTICLE TWENTY-EIGHT OF  THE
PUBLIC  HEALTH  LAW,  SHALL ADOPT POLICIES AND GUIDELINES WITH REGARD TO
OPERATING PROCEDURES IN THE EVENT OF EMERGENCY SITUATIONS AFFECTING  THE
HEALTH  OR  SAFETY OF INDIVIDUALS WITH DISABILITIES SERVED BY THE AGENCY
OR THE FISCAL VIABILITY OR INTEGRITY OF THE AGENCY.
  S 2.  The section heading and subdivision (a) of section 7.39  of  the
mental  hygiene  law,  as  added by chapter 800 of the laws of 1986, are
amended and a new subdivision (a-1) is added to read as follows:
  Registration, TRAINING and notification  of  boards  of  directors  or
trustees of certain voluntary not-for-profit facilities or corporations.
  (a)  Notwithstanding  any other law, rule or regulation, the executive
director, chairperson or president of a voluntary, not-for-profit corpo-
ration or facility which is subject to the jurisdiction  of  the  office
[of  mental health] shall furnish annually to the commissioner a list of
the names and addresses of the current members of the board of directors
or trustees of such facility or corporation TOGETHER WITH THE LAST  DATE
OF THE CURRENT MEMBERS' OR TRUSTEES' COMPLETION OF THE TRAINING REQUIRE-
MENTS.    HOSPITALS  OPERATED  PURSUANT  TO  ARTICLE TWENTY-EIGHT OF THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10809-01-9

A. 7647                             2

PUBLIC HEALTH LAW SHALL NOT BE REQUIRED TO FURNISH COMPLETION OF  TRAIN-
ING  REQUIREMENTS  TO THE COMMISSIONER. NOTHING IN THIS SECTION SHALL BE
CONSTRUED TO EXEMPT SUCH HOSPITALS FROM THE APPLICABLE  REQUIREMENTS  OF
THE  PUBLIC  HEALTH  LAW.    Failure to furnish [such] AN annual list OF
NAMES AND ADDRESSES OF CURRENT MEMBERS OF  THE  BOARD  OF  DIRECTORS  OR
TRUSTEES  shall  remove  such facility or corporation from consideration
for recertification.
  (A-1) THE OFFICE SHALL ESTABLISH NO LATER THAN  OCTOBER  THIRTY-FIRST,
TWO  THOUSAND  TEN  MINIMUM TRAINING REQUIREMENTS FOR ALL MEMBERS OF THE
BOARD OF DIRECTORS OR TRUSTEES OF  A  VOLUNTARY,  NOT-FOR-PROFIT  CORPO-
RATION  OR  FACILITY WHICH IS SUBJECT TO THE JURISDICTION OF THE OFFICE,
WITH  THE  EXCEPTION  OF  HOSPITALS   OPERATED   PURSUANT   TO   ARTICLE
TWENTY-EIGHT  OF  THE  PUBLIC  HEALTH LAW.   SUCH INITIAL TRAINING SHALL
INCLUDE, BUT NOT BE LIMITED TO, THE FIDUCIARY RESPONSIBILITIES OF  BEING
A BOARD MEMBER OR TRUSTEE AND SHALL PROVIDE MEMBERS OR TRUSTEES WITH THE
TOOLS  AND BEST PRACTICES NECESSARY TO EFFECTIVELY SERVE IN SUCH CAPACI-
TY.
  S 3. The section heading and subdivision (a) of section 13.39  of  the
mental  hygiene  law,  as  added by chapter 800 of the laws of 1986, are
amended and a new subdivision (a-1) is added to read as follows:
  Registration, TRAINING and notification  of  boards  of  directors  or
trustees of certain voluntary not-for-profit facilities or corporations.
  (a)  Notwithstanding  any other law, rule or regulation, the executive
director, chairperson or president of a voluntary, not-for-profit corpo-
ration or facility which is subject to the jurisdiction  of  the  office
[of  mental retardation and developmental disabilities], WITH THE EXCEP-
TION OF HOSPITALS OPERATED  PURSUANT  TO  ARTICLE  TWENTY-EIGHT  OF  THE
PUBLIC  HEALTH LAW, shall furnish annually to the commissioner a list of
the names and addresses of the current members of the board of directors
or trustees of such facility or corporation TOGETHER WITH THE LAST  DATE
OF THE CURRENT MEMBERS' OR TRUSTEES' COMPLETION OF THE TRAINING REQUIRE-
MENTS.    HOSPITALS  OPERATED  PURSUANT  TO  ARTICLE TWENTY-EIGHT OF THE
PUBLIC HEALTH LAW SHALL NOT BE REQUIRED TO FURNISH COMPLETION OF  TRAIN-
ING  REQUIREMENTS  TO THE COMMISSIONER. NOTHING IN THIS SECTION SHALL BE
CONSTRUED TO EXEMPT SUCH HOSPITALS FROM THE APPLICABLE  REQUIREMENTS  OF
THE PUBLIC HEALTH LAW.  Failure to furnish such annual list OF NAMES AND
ADDRESSES OF CURRENT MEMBERS OF THE BOARD OF DIRECTORS OR TRUSTEES shall
remove  such  facility  or  corporation from consideration for recertif-
ication.
  (A-1) THE OFFICE SHALL ESTABLISH NO LATER THAN  OCTOBER  THIRTY-FIRST,
TWO  THOUSAND  TEN  MINIMUM TRAINING REQUIREMENTS FOR ALL MEMBERS OF THE
BOARD OF DIRECTORS OR TRUSTEES OF  A  VOLUNTARY,  NOT-FOR-PROFIT  CORPO-
RATION  OR  FACILITY WHICH IS SUBJECT TO THE JURISDICTION OF THE OFFICE,
WITH  THE  EXCEPTION  OF  HOSPITALS   OPERATED   PURSUANT   TO   ARTICLE
TWENTY-EIGHT  OF  THE  PUBLIC  HEALTH LAW.   SUCH INITIAL TRAINING SHALL
INCLUDE, BUT NOT BE LIMITED TO, THE FIDUCIARY RESPONSIBILITIES OF  BEING
A BOARD MEMBER OR TRUSTEE AND SHALL PROVIDE MEMBERS OR TRUSTEES WITH THE
TOOLS  AND BEST PRACTICES NECESSARY TO EFFECTIVELY SERVE IN SUCH CAPACI-
TY.
  S 4. Section 13.09 of the mental hygiene law is amended  by  adding  a
new subdivision (g) to read as follows:
  (G)  THE COMMISSIONER SHALL PROMULGATE RULES AND REGULATIONS REQUIRING
THAT BOARDS OF DIRECTORS OF VOLUNTARY NOT-FOR-PROFIT AGENCIES WHICH  ARE
LICENSED  BY,  FUNDED  BY  OR  UNDER  CONTRACT WITH THE OFFICE, WITH THE
EXCEPTION OF HOSPITALS OPERATED PURSUANT TO ARTICLE TWENTY-EIGHT OF  THE
PUBLIC  HEALTH  LAW,  SHALL ADOPT POLICIES AND GUIDELINES WITH REGARD TO

A. 7647                             3

OPERATING PROCEDURES IN THE EVENT OF EMERGENCY SITUATIONS AFFECTING  THE
HEALTH  OR  SAFETY OF INDIVIDUALS WITH DISABILITIES SERVED BY THE AGENCY
OR THE FISCAL VIABILITY OR INTEGRITY OF THE AGENCY.
  S  5.  The section heading and subdivision (a) of section 32.37 of the
mental hygiene law, as added by chapter 558 of the  laws  of  1999,  are
amended and a new subdivision (a-1) is added to read as follows:
        Registration,  TRAINING  and notification of boards of directors
          or trustees of certain voluntary not-for-profit facilities  or
          corporations.
  (a)  Notwithstanding any other law, rule, or regulation, the executive
director, chairperson or president of a voluntary, not-for-profit corpo-
ration which has been issued an operating certificate by or has received
funding from the office of alcoholism and substance abuse services, WITH
THE EXCEPTION OF HOSPITALS OPERATED PURSUANT TO ARTICLE TWENTY-EIGHT  OF
THE  PUBLIC  HEALTH  LAW,  shall furnish annually to the commissioner of
such office a list of the names and addresses of the current members  of
the board of directors or trustees of such corporation TOGETHER WITH THE
LAST  DATE OF THE CURRENT MEMBERS' OR TRUSTEES' COMPLETION OF THE TRAIN-
ING REQUIREMENTS.  HOSPITALS OPERATED PURSUANT TO  ARTICLE  TWENTY-EIGHT
OF  THE PUBLIC HEALTH LAW SHALL NOT BE REQUIRED TO FURNISH COMPLETION OF
TRAINING REQUIREMENTS TO THE COMMISSIONER OF  ALCOHOLISM  AND  SUBSTANCE
ABUSE SERVICES. NOTHING IN THIS SUBDIVISION SHALL BE CONSTRUED TO EXEMPT
SUCH  HOSPITALS  FROM  THE  APPLICABLE REQUIREMENTS OF THE PUBLIC HEALTH
LAW. Failure to furnish such annual list  may  remove  such  corporation
from consideration for recertification or refunding.
  (A-1)  THE  OFFICE  OF  ALCOHOLISM  AND SUBSTANCE ABUSE SERVICES SHALL
ESTABLISH NO LATER THAN OCTOBER THIRTY-FIRST, TWO THOUSAND  TEN  MINIMUM
TRAINING REQUIREMENTS FOR ALL MEMBERS OF THE BOARD OF DIRECTORS OR TRUS-
TEES  OF  A  VOLUNTARY,  NOT-FOR-PROFIT CORPORATION OR FACILITY WHICH IS
SUBJECT TO THE JURISDICTION OF SUCH OFFICE, WITH THE EXCEPTION OF HOSPI-
TALS OPERATED PURSUANT TO ARTICLE TWENTY-EIGHT OF THE PUBLIC HEALTH LAW.
SUCH INITIAL TRAINING SHALL INCLUDE, BUT NOT BE LIMITED TO, THE  FIDUCI-
ARY  RESPONSIBILITIES  OF  BEING  A  BOARD  MEMBER  OR TRUSTEE AND SHALL
PROVIDE MEMBERS OR TRUSTEES WITH THE TOOLS AND BEST PRACTICES  NECESSARY
TO EFFECTIVELY SERVE IN SUCH CAPACITY.
  S  6.  Section  19.09 of the mental hygiene law is amended by adding a
new subdivision (i) to read as follows:
  (I) THE COMMISSIONER SHALL PROMULGATE RULES AND REGULATIONS  REQUIRING
THE  BOARDS  OF DIRECTORS OF VOLUNTARY NOT-FOR-PROFIT AGENCIES WHICH ARE
LICENSED BY, FUNDED BY OR UNDER  CONTRACT  WITH  THE  OFFICE,  WITH  THE
EXCEPTION  OF HOSPITALS OPERATED PURSUANT TO ARTICLE TWENTY-EIGHT OF THE
PUBLIC HEALTH LAW, TO ADOPT POLICIES AND GUIDELINES WITH REGARD TO OPER-
ATING PROCEDURES IN THE EVENT  OF  EMERGENCY  SITUATIONS  AFFECTING  THE
HEALTH  OR  SAFETY OF INDIVIDUALS WITH DISABILITIES SERVED BY THE AGENCY
OR THE FISCAL VIABILITY OR INTEGRITY OF THE AGENCY.
  S 7. This act shall take effect on the ninetieth day  after  it  shall
have  become  a  law; provided, however, that effective immediately, the
addition, amendment and/or repeal of any rule  or  regulation  necessary
for  the implementation of this act on its effective date are authorized
and directed to be made and completed on or before such effective date.

co-Sponsors

2009-A7647A (ACTIVE) - Details

Current Committee:: Assembly Ways And Means
Law Section:: Mental Hygiene Law
Laws Affected:: Amd §§7.09, 7.39, 13.39, 13.09, 32.37 & 19.09, Ment Hyg L
Versions Introduced in 2011-2012 Legislative Session:: A3478

2009-A7647A (ACTIVE) - Summary

Relates to the training of boards of directors or trustees of certain voluntary not-for-profit facilities or corporations.

2009-A7647A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:A7647A

TITLE OF BILL:  An act to amend the mental hygiene law, in relation to
the  training  of boards of directors or trustees of certain voluntary
not-for-profit facilities or corporations

Purpose Or General Idea Of Bill:  This legislation would direct OMRDD,
OMH and OASAS to  establish  minimum  training  requirements  for  all
members  of  the  board  of  directors  or  trustees  of  a voluntary,
not-for-profit  corporation  or  facility  which  is  subject  to  the
jurisdiction  of  the  offices,  with  the  exception  of  article  28
hospitals. Initial training would include, but not be limited to,  the
fiduciary  responsibilities  of  being  a  board member or trustee and
shall provide members or trustees with the tools  and  best  practices
necessary to effectively serve in such capacity. It would also require
agencies  to include the dates upon which members have completed their
training in order  to  be  recertified.  It  would  also  require  the
Commissioners  to  establish rules and regulations directing boards to
have  policies  and  procedures  in  place  to  deal  with   emergency
situations  affecting  the  health  or  safety  o  of individuals with
disabilities served by the agency or the fiscal viability or integrity
of the agency.

Summary Of Specific Provisions:    Section  One  of  the  bill  amends
section  7.09  of the mental hygiene law to provide that the Office of
Mental Health (OMH) shall establish rules  and  regulations  requiring

that boards of directors of voluntary not-for-profit agencies licensed
or  funded  by  OMH, with the exception of article 28 hospitals, adopt
policies  and  guidelines  regarding  how  boards   handle   emergency
situations.

Section  two  of the bill amends section 7.39(a) of the mental hygiene
law to require OMH  to  establish  minimum  training  requirements  by
October 31, 2011 for all members of the board of directors or trustees
of  a  voluntary,  not-for-profit  corporation  or  facility  which is
subject to the jurisdiction of  the  office,  with  the  exception  of
article  28  hospitals,  and  that  the  latest  date  of the member's
completion of the training requirements shall be included in the  list
of board members that the agencies must give to OMH annually.

Section  three  of  the  bill  amends  section 13.39 (a) of the mental
hygiene law to, provide that the  Office  of  Mental  Retardation  and
Developmental  Disabilities  (OMRDD)  shall  establish  no  later than
October 31, 2011 minimum training requirements for all members of  the
board  of  directors  or  trustees  of  a  voluntary,  not- for-profit
corporation or facility which is subject to the  jurisdiction  of  the
office,  with  the  exception  of  article  23 hospitals, and that the
latest date of the member's completion of  the  training  requirements
shall  be included in the list of board members that the agencies must
give to OMRDD annually.

Section four of the bill  amends  section  13  law  by  adding  a  new
subdivision  (g)  to  provide  that  OMRDD  shall  establish rules and
regulations  requiring  that  boards  of   directors   of   voluntary,
not-for-profit   agencies  licensed  or  funded  by  OMRDD,  with  the
exception of article  28  hospitals,  adopt  policies  and  guidelines
regarding how boards handle emergency situations.


Section  five  of  the bill amends section 32.37 of the mental hygiene
law to require OASAS to establish  minimum  training  requirements  by
October 31, 2011 for all members of the board of directors or trustees
of  a  voluntary,  not-for-profit  corporation  or  facility  which is
subject  to  the  jurisdiction  of  the  office, with the exception of
article 28 hospitals,  and  that  the  latest  date  of  the  member's
completion  of the training requirements shall be included in the list
of board members that the agencies must give to OASAS annually.

Section six of the bill amends section 19.09 of the mental hygiene law
by adding a new subdivision (i) to provide that OASAS shall  establish
rules and regulations requiring that boards of directors of voluntary,
not-for-profit   agencies  licensed  or  funded  by  OASAS,  with  the
exception of article  28  hospitals,  adopt  policies  and  guidelines
regarding how boards handle emergency situations.

Sections  seven of the bill provides for an effective date on the 90th
day  after  it  shall  have  become  law,  provided   that   effective
immediately  changes  to  the  rules  or regulations necessary for the
implementation of this act may be made.

Justification:  While the vast majority of facilities  providing  care
to   New  York  State's  developmentally  disabled  and  mentally  ill
individuals do an outstanding job, on occasion  facilities  have  been
found to have safety, quality of care and fiscal mismanagement issues.
Recent  investigations  by  the  Commission  on  Quality  of  Care and
Advocacy for  Persons  with  Disabilities  (CQCAPD)  have  once  again
highlighted  problems that can occur. For example, COC's report on its
investigation of the Evelyn Douglin  Center  found  widespread  fiscal
mismanagement  of  public  funds by the Executive Director and further
found that "the agency's Board of Directors failed  in  its  fiduciary
duty   to   closely  monitor  the  executive  director  and  hold  him
accountable for the management of the agency."

Boards of Directors play a very  important  role,  in  overseeing  the
agencies  that  are  responsible for the care of some of our society's
most vulnerable individuals and spending millions of dollars in public
Medicaid funds in the process. While various training opportunity  are
available  to  boards and board members, there are no minimum training
requirements in place for board members and no way to  know  if  board
members  have  ever  had  any  training. It is not always easy to find
individuals willing and able to serve on agency  Board  of  Directors.
Often  parents  and other concerned citizens agree to serve on a board
not recognizing the fiduciary  and  ethical  responsibility  they  are
taking  on.  Furthermore,  parents  who are board members can have the
uncomfortable position of questioning an agencies' management only  to
worry about how it may affect their child who is a resident.

The  recent  reports  of  CQCAPD  have  highlighted  the need for some
minimum  level  of  board  training  on  the   fiduciary   and   other
responsibilities  members  hold  as well as knowledge of the tools and
best practices that are available  to  effectively  serve  in  such  a
capacity.  Such  training  should be completed as soon as possible for
new board members and should be required of existing board members who
have not yet  completed  similar  training.  Policies  and  procedures
should  also  be  in  place  so  that  board's  can  handle  emergency
situations appropriately. This would go a  long  way  toward  ensuring


that  boards  do  not serve merely as rubber stamps of an agencies' or
executive director's actions but play an active role in overseeing the
agency and ensuring the well being of it and its residents.

Prior Legislative History:  A similar bill was vetoed in 2008. This is
a new bill to address concerns raise in veto message 169 of 2008.

Fiscal Implications For State And Local Governments None to state.

Effective  Date:   Ninety days after it shall become law provided that
effective immediately changes to the rules  or  regulations  necessary
for the implementation of this act may be made.

2009-A7647A (ACTIVE) - Bill Text download pdf

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

                                 7647--A

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             April 17, 2009
                               ___________

Introduced  by  M.  of  A. P. RIVERA, JAFFEE, LUPARDO, SCHROEDER -- read
  once and referred to the Committee on Mental Health,  Mental  Retarda-
  tion  and  Developmental  Disabilities -- reported and referred to the
  Committee on Ways and Means --  committee  discharged,  bill  amended,
  ordered reprinted as amended and recommitted to said committee

AN  ACT  to amend the mental hygiene law, in relation to the training of
  boards of directors or trustees of  certain  voluntary  not-for-profit
  facilities or corporations

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

  Section 1.   Section 7.09 of the mental  hygiene  law  is  amended  by
adding a new subdivision (k) to read as follows:
  (K)  THE COMMISSIONER SHALL PROMULGATE RULES AND REGULATIONS REQUIRING
THAT BOARDS OF DIRECTORS OF VOLUNTARY NOT-FOR-PROFIT AGENCIES WHICH  ARE
LICENSED  BY,  FUNDED  BY  OR  UNDER  CONTRACT WITH THE OFFICE, WITH THE
EXCEPTION OF HOSPITALS OPERATED PURSUANT TO ARTICLE TWENTY-EIGHT OF  THE
PUBLIC  HEALTH  LAW,  SHALL ADOPT POLICIES AND GUIDELINES WITH REGARD TO
OPERATING PROCEDURES IN THE EVENT OF EMERGENCY SITUATIONS AFFECTING  THE
HEALTH  OR  SAFETY OF INDIVIDUALS WITH DISABILITIES SERVED BY THE AGENCY
OR THE FISCAL VIABILITY OR INTEGRITY OF THE AGENCY.
  S 2.  The section heading and subdivision (a) of section 7.39  of  the
mental  hygiene  law,  as  added by chapter 800 of the laws of 1986, are
amended and a new subdivision (a-1) is added to read as follows:
  Registration, TRAINING and notification  of  boards  of  directors  or
trustees of certain voluntary not-for-profit facilities or corporations.
  (a)  Notwithstanding  any other law, rule or regulation, the executive
director, chairperson or president of a voluntary, not-for-profit corpo-
ration or facility which is subject to the jurisdiction  of  the  office
[of  mental health] shall furnish annually to the commissioner a list of
the names and addresses of the current members of the board of directors
or trustees of such facility or corporation TOGETHER WITH THE LAST  DATE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10809-04-0

A. 7647--A                          2

OF THE CURRENT MEMBERS' OR TRUSTEES' COMPLETION OF THE TRAINING REQUIRE-
MENTS.    HOSPITALS  OPERATED  PURSUANT  TO  ARTICLE TWENTY-EIGHT OF THE
PUBLIC HEALTH LAW SHALL NOT BE REQUIRED TO FURNISH COMPLETION OF  TRAIN-
ING  REQUIREMENTS  TO THE COMMISSIONER. NOTHING IN THIS SECTION SHALL BE
CONSTRUED TO EXEMPT SUCH HOSPITALS FROM THE APPLICABLE  REQUIREMENTS  OF
THE PUBLIC HEALTH LAW.  Failure to furnish [such] AN annual list [shall]
OF  NAMES  AND ADDRESSES OF CURRENT MEMBERS OF THE BOARD OF DIRECTORS OR
TRUSTEES MAY remove such facility or corporation from consideration  for
recertification.
  (A-1)  THE  OFFICE SHALL ESTABLISH NO LATER THAN OCTOBER THIRTY-FIRST,
TWO THOUSAND ELEVEN MINIMUM TRAINING REQUIREMENTS FOR ALL MEMBERS OF THE
BOARD OF DIRECTORS OR TRUSTEES OF  A  VOLUNTARY,  NOT-FOR-PROFIT  CORPO-
RATION  OR  FACILITY WHICH IS SUBJECT TO THE JURISDICTION OF THE OFFICE,
WITH  THE  EXCEPTION  OF  HOSPITALS   OPERATED   PURSUANT   TO   ARTICLE
TWENTY-EIGHT  OF  THE  PUBLIC  HEALTH LAW.   SUCH INITIAL TRAINING SHALL
INCLUDE, BUT NOT BE LIMITED TO, THE FIDUCIARY RESPONSIBILITIES OF  BEING
A BOARD MEMBER OR TRUSTEE AND SHALL PROVIDE MEMBERS OR TRUSTEES WITH THE
TOOLS  AND BEST PRACTICES NECESSARY TO EFFECTIVELY SERVE IN SUCH CAPACI-
TY.
  S 3. The section heading and subdivision (a) of section 13.39  of  the
mental  hygiene  law,  as  added by chapter 800 of the laws of 1986, are
amended and a new subdivision (a-1) is added to read as follows:
  Registration, TRAINING and notification  of  boards  of  directors  or
trustees of certain voluntary not-for-profit facilities or corporations.
  (a)  Notwithstanding  any other law, rule or regulation, the executive
director, chairperson or president of a voluntary, not-for-profit corpo-
ration or facility which is subject to the jurisdiction  of  the  office
[of  mental retardation and developmental disabilities], WITH THE EXCEP-
TION OF HOSPITALS OPERATED  PURSUANT  TO  ARTICLE  TWENTY-EIGHT  OF  THE
PUBLIC  HEALTH LAW, shall furnish annually to the commissioner a list of
the names and addresses of the current members of the board of directors
or trustees of such facility or corporation TOGETHER WITH THE LAST  DATE
OF THE CURRENT MEMBERS' OR TRUSTEES' COMPLETION OF THE TRAINING REQUIRE-
MENTS.    HOSPITALS  OPERATED  PURSUANT  TO  ARTICLE TWENTY-EIGHT OF THE
PUBLIC HEALTH LAW SHALL NOT BE REQUIRED TO FURNISH COMPLETION OF  TRAIN-
ING  REQUIREMENTS  TO THE COMMISSIONER. NOTHING IN THIS SECTION SHALL BE
CONSTRUED TO EXEMPT SUCH HOSPITALS FROM THE APPLICABLE  REQUIREMENTS  OF
THE PUBLIC HEALTH LAW.  Failure to furnish [such] AN annual list [shall]
OF  NAMES  AND ADDRESSES OF CURRENT MEMBERS OF THE BOARD OF DIRECTORS OR
TRUSTEES MAY remove such facility or corporation from consideration  for
recertification.
  (A-1)  THE  OFFICE SHALL ESTABLISH NO LATER THAN OCTOBER THIRTY-FIRST,
TWO THOUSAND ELEVEN MINIMUM TRAINING REQUIREMENTS FOR ALL MEMBERS OF THE
BOARD OF DIRECTORS OR TRUSTEES OF  A  VOLUNTARY,  NOT-FOR-PROFIT  CORPO-
RATION  OR  FACILITY WHICH IS SUBJECT TO THE JURISDICTION OF THE OFFICE,
WITH  THE  EXCEPTION  OF  HOSPITALS   OPERATED   PURSUANT   TO   ARTICLE
TWENTY-EIGHT  OF  THE  PUBLIC  HEALTH LAW.   SUCH INITIAL TRAINING SHALL
INCLUDE, BUT NOT BE LIMITED TO, THE FIDUCIARY RESPONSIBILITIES OF  BEING
A BOARD MEMBER OR TRUSTEE AND SHALL PROVIDE MEMBERS OR TRUSTEES WITH THE
TOOLS  AND BEST PRACTICES NECESSARY TO EFFECTIVELY SERVE IN SUCH CAPACI-
TY.
  S 4. Section 13.09 of the mental hygiene law is amended  by  adding  a
new subdivision (g) to read as follows:
  (G)  THE COMMISSIONER SHALL PROMULGATE RULES AND REGULATIONS REQUIRING
THAT BOARDS OF DIRECTORS OF VOLUNTARY NOT-FOR-PROFIT AGENCIES WHICH  ARE
LICENSED  BY,  FUNDED  BY  OR  UNDER  CONTRACT WITH THE OFFICE, WITH THE

A. 7647--A                          3

EXCEPTION OF HOSPITALS OPERATED PURSUANT TO ARTICLE TWENTY-EIGHT OF  THE
PUBLIC  HEALTH  LAW,  SHALL ADOPT POLICIES AND GUIDELINES WITH REGARD TO
OPERATING PROCEDURES IN THE EVENT OF EMERGENCY SITUATIONS AFFECTING  THE
HEALTH  OR  SAFETY OF INDIVIDUALS WITH DISABILITIES SERVED BY THE AGENCY
OR THE FISCAL VIABILITY OR INTEGRITY OF THE AGENCY.
  S 5. The section heading and subdivision (a) of section 32.37  of  the
mental  hygiene  law,  as  added by chapter 558 of the laws of 1999, are
amended and a new subdivision (a-1) is added to read as follows:
        Registration, TRAINING and notification of boards  of  directors
          or  trustees of certain voluntary not-for-profit facilities or
          corporations.
  (a) Notwithstanding any other law, rule, or regulation, the  executive
director, chairperson or president of a voluntary, not-for-profit corpo-
ration which has been issued an operating certificate by or has received
funding from the office of alcoholism and substance abuse services, WITH
THE  EXCEPTION OF HOSPITALS OPERATED PURSUANT TO ARTICLE TWENTY-EIGHT OF
THE PUBLIC HEALTH LAW, shall furnish annually  to  the  commissioner  of
such  office a list of the names and addresses of the current members of
the board of directors or trustees of such corporation TOGETHER WITH THE
LAST DATE OF THE CURRENT MEMBERS' OR TRUSTEES' COMPLETION OF THE  TRAIN-
ING  REQUIREMENTS.   HOSPITALS OPERATED PURSUANT TO ARTICLE TWENTY-EIGHT
OF THE PUBLIC HEALTH LAW SHALL NOT BE REQUIRED TO FURNISH COMPLETION  OF
TRAINING  REQUIREMENTS  TO  THE COMMISSIONER OF ALCOHOLISM AND SUBSTANCE
ABUSE SERVICES. NOTHING IN THIS SUBDIVISION SHALL BE CONSTRUED TO EXEMPT
SUCH HOSPITALS FROM THE APPLICABLE REQUIREMENTS  OF  THE  PUBLIC  HEALTH
LAW.  Failure to furnish [such] AN annual list OF NAMES AND ADDRESSES OF
CURRENT MEMBERS OF THE BOARD OF DIRECTORS OR TRUSTEES  may  remove  such
corporation from consideration for recertification or refunding.
  (A-1)  THE  OFFICE  OF  ALCOHOLISM  AND SUBSTANCE ABUSE SERVICES SHALL
ESTABLISH NO LATER THAN OCTOBER THIRTY-FIRST, TWO THOUSAND ELEVEN  MINI-
MUM  TRAINING  REQUIREMENTS FOR ALL MEMBERS OF THE BOARD OF DIRECTORS OR
TRUSTEES OF A VOLUNTARY, NOT-FOR-PROFIT CORPORATION OR FACILITY WHICH IS
SUBJECT TO THE JURISDICTION OF SUCH OFFICE, WITH THE EXCEPTION OF HOSPI-
TALS OPERATED PURSUANT TO ARTICLE TWENTY-EIGHT OF THE PUBLIC HEALTH LAW.
SUCH INITIAL TRAINING SHALL INCLUDE, BUT NOT BE LIMITED TO, THE  FIDUCI-
ARY  RESPONSIBILITIES  OF  BEING  A  BOARD  MEMBER  OR TRUSTEE AND SHALL
PROVIDE MEMBERS OR TRUSTEES WITH THE TOOLS AND BEST PRACTICES  NECESSARY
TO EFFECTIVELY SERVE IN SUCH CAPACITY.
  S  6.  Section  19.09 of the mental hygiene law is amended by adding a
new subdivision (i) to read as follows:
  (I) THE COMMISSIONER SHALL PROMULGATE RULES AND REGULATIONS  REQUIRING
THE  BOARDS  OF DIRECTORS OF VOLUNTARY NOT-FOR-PROFIT AGENCIES WHICH ARE
LICENSED BY, FUNDED BY OR UNDER  CONTRACT  WITH  THE  OFFICE,  WITH  THE
EXCEPTION  OF HOSPITALS OPERATED PURSUANT TO ARTICLE TWENTY-EIGHT OF THE
PUBLIC HEALTH LAW, TO ADOPT POLICIES AND GUIDELINES WITH REGARD TO OPER-
ATING PROCEDURES IN THE EVENT  OF  EMERGENCY  SITUATIONS  AFFECTING  THE
HEALTH  OR  SAFETY OF INDIVIDUALS WITH DISABILITIES SERVED BY THE AGENCY
OR THE FISCAL VIABILITY OR INTEGRITY OF THE AGENCY.
  S 7. This act shall take effect on the ninetieth day  after  it  shall
have  become  a  law; provided, however, that effective immediately, the
addition, amendment and/or repeal of any rule  or  regulation  necessary
for  the implementation of this act on its effective date are authorized
and directed to be made and completed on or before such effective date.

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Assembly Bill A7647

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Sponsored By

RIVERA P

Archive: Last Bill Status - In Assembly Committee

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co-Sponsors

Ellen C. Jaffee

Donna Lupardo

Mark J.F. Schroeder

2009-A7647 - Details

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co-Sponsors

Ellen C. Jaffee

Donna Lupardo

Mark J.F. Schroeder

2009-A7647A (ACTIVE) - Details

2009-A7647A (ACTIVE) - Summary

2009-A7647A (ACTIVE) - Sponsor Memo

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