NY State Assembly Bill 2009-A7656

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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Actions

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 25, 2010	print number 7656a
Mar 25, 2010	amend and recommit to mental health
Jan 20, 2010	committed to mental health
Jan 06, 2010	ordered to third reading cal.510 returned to assembly died in senate
Jun 15, 2009	referred to rules
Jun 16, 2009	delivered to senate
Jun 11, 2009	passed assembly
Jun 10, 2009	ordered to third reading rules cal.205 rules report cal.205 reported 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

View additional co-sponsors

2009-A7656 - Details

Current Committee:: Assembly Mental Health
Law Section:: Mental Hygiene Law
Laws Affected:: Add §33.26, Ment Hyg L
Versions Introduced in 2011-2012 Legislative Session:: A4418

2009-A7656 - Summary

Establishes a quality workers care task force; establishes who shall comprise such task force and its powers and duties; establishes such task force shall prepare a report on its findings.

2009-A7656 - Bill Text download pdf

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

                                  7656

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             April 17, 2009
                               ___________

Introduced  by  M.  of  A. P. RIVERA, LIFTON, JAFFEE, WEISENBERG -- read
  once and referred to the Committee on Mental Health,  Mental  Retarda-
  tion and Developmental Disabilities

AN  ACT to amend the mental hygiene law, in relation to establishing the
  task force on quality workers care

  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
33.26 to read as follows:
S 33.26 TASK FORCE ON QUALITY WORKERS CARE.
  (A) THERE IS HEREBY ESTABLISHED WITHIN THE DEPARTMENT THE  TASK  FORCE
ON  QUALITY  WORKERS  CARE  TO  STUDY AND MAKE RECOMMENDATIONS REGARDING
THOSE WHO ARE RECEIVING SERVICES IN PROGRAMS  AND  FACILITIES  THAT  ARE
LICENSED,  CERTIFIED  OR OPERATED BY   AN OFFICE OF THE DEPARTMENT.  THE
TASK FORCE ON QUALITY WORKERS CARE SHALL STUDY THE FOLLOWING:
  (1) QUALIFICATIONS FOR EMPLOYMENT;
  (2) EDUCATION AND TRAINING REQUIREMENTS FOR EMPLOYMENT;
  (3) REQUIRED STAFFING NEEDS AT ALL STATE AND PROVIDER CARE FACILITIES;
  (4) COMPENSATION BENEFIT PACKAGES AND RETENTION FOR EMPLOYEES OF  SUCH
FACILITIES;
  (5) CONTINUING EDUCATION AND TRAINING PROGRAMS;
  (6) WHISTLEBLOWER PROTECTION FOR EMPLOYEES; AND
  (7) ANY OTHER SUBJECTS THAT THE TASK FORCE DEEMS APPROPRIATE.
  (B)  THE  TASK  FORCE SHALL BE COMPRISED OF THE COMMISSIONER OF MENTAL
HEALTH, THE COMMISSIONER OF MENTAL RETARDATION AND  DEVELOPMENTAL  DISA-
BILITIES,  THE  COMMISSIONER OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES,
THE COMMISSIONER OF LABOR,  THE  COMMISSIONER  OF  CHILDREN  AND  FAMILY
SERVICES, THE COMMISSIONER OF HEALTH, THE COMMISSIONER OF EDUCATION, THE
PRESIDENT  OF  THE STATE CIVIL SERVICE COMMISSION, A REPRESENTATIVE FROM
THE COMMISSION ON QUALITY OF CARE AND ADVOCACY FOR PERSONS WITH DISABIL-
ITIES, TWO REPRESENTATIVES FROM PROVIDER AGENCIES,  TWO  MENTAL  HYGIENE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10819-01-9

A. 7656                             2

PATIENT  ADVOCATES, TWO   PARENTS OR LEGAL GUARDIANS OF PATIENTS WHO ARE
RECEIVING RESIDENTIAL MENTAL HYGIENE  SERVICES, AND FIVE REPRESENTATIVES
TO BE APPOINTED BY THE GOVERNOR, WITH THREE OF SUCH  APPOINTMENTS  BEING
UPON THE RECOMMENDATION OF THE LABOR ORGANIZATION THAT REPRESENTS  WORK-
ERS IN STATE AND PROVIDER CARE FACILITIES.
  (C)  THE COMMISSIONER OF MENTAL HEALTH OR HIS OR HER DESIGNEE SHALL BE
THE CHAIR OF THE TASK FORCE.
  (D) THE TASK FORCE SHALL MEET AS OFTEN  AS  DEEMED  NECESSARY  BY  THE
CHAIR BUT IN NO EVENT LESS THAN FOUR TIMES PER YEAR.
  (E)  THE  MEMBERS  OF  THE TASK FORCE SHALL RECEIVE NO SALARY OR OTHER
COMPENSATION FOR  THEIR SERVICES BUT SHALL BE ENTITLED TO  REIMBURSEMENT
FOR  ACTUAL AND NECESSARY EXPENSES  INCURRED IN THE PERFORMANCE OF THEIR
DUTIES.
  (F) BY DECEMBER FIRST, TWO THOUSAND TEN, THE  TASK  FORCE  ON  QUALITY
WORKERS CARE SHALL CREATE A REPORT ON ITS FINDINGS. SUCH REPORT SHALL BE
SENT  TO  THE  GOVERNOR,  THE  TEMPORARY PRESIDENT OF THE SENATE AND THE
SPEAKER OF THE ASSEMBLY.
  S 2. 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 is authorized
and directed to be made and completed on or before such effective date.

co-Sponsors

View additional co-sponsors

2009-A7656A (ACTIVE) - Details

Current Committee:: Assembly Mental Health
Law Section:: Mental Hygiene Law
Laws Affected:: Add §33.26, Ment Hyg L
Versions Introduced in 2011-2012 Legislative Session:: A4418

2009-A7656A (ACTIVE) - Summary

Establishes a quality workers care task force; establishes who shall comprise such task force and its powers and duties; establishes such task force shall prepare a report on its findings.

2009-A7656A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:A7656A

TITLE  OF BILL:   An act to amend the mental hygiene law, in relation to
establishing the task force on quality workers care

PURPOSE:  This bill establishes a Task Force on Quality Workers Care  to
study and make recommendations on the various aspects of workers serving
those  individuals  served by the mental hygiene system including quali-
fications for employment, staffing ratios and the use of  overtime,  and
employee retention, training and whistle blower protections.

SUMMARY  OF PROVISIONS:  Section one of the bill adds a new section 3327
of the mental hygiene law to create a Task Force on Quality Workers Care
within the Department of Mental Hygiene to study  and  make  recommenda-
tions regarding those who are receiving services in programs and facili-
ties licensed, certified or operated by OHM and OMRDD. The Task Force is
charged  with  studying  worker  qualifications,  education and training
requirements, staffing levels, compensation benefit packages and employ-
ee retention, issues of  overtime,  continuing  education  and  training
programs,  whistle  blower  protections  and any other subjects the Task
Force deems appropriate.

The Task Force would be chaired by the Commissioner of OHM and would  be
comprised  of  the Commissioners of OMRDD, DOL, OCFS, DOH, SED, a repre-
sentative of CQCAPD, provider agencies, patient advocates,  and  parents
or  legal  guardians.  The  Task  Force is charged with reporting on its

findings by December 1, 2011.

Section two of the bill provides for an effective date on the  90th  day
after is shall have become law.

JUSTIFICATION:    The  protection  of  individuals  served by the mental
hygiene system, who represent some of societies' most  vulnerable  citi-
zens,  is  of the utmost concern. Many of these individuals must rely on
workers to meet their most basic needs and  may  not  even  be  able  to
communicate verbally. Workers in the mental hygiene system are, general-
ly speaking, underpaid, overworked and committed to caring for this very
needy  population. There are many issues of concern to workers, adminis-
trations, clients and parents that should be looked at in a holistic and
organized manner.

The recent death of Jonathan Carey highlighted the problem of overtime.

As the Senate Mental Health Committee heard in testimony at its April 5,
2007 public hearing on  the  use  of  restraints,  one  of  the  workers
indicted for Jonathan's death had apparently worked many multiple shifts
just  before  Jonathan's  death. Clearly discussion and consensus around
the question of how many shifts a direct care worker should be  able  to
work when taking care of such vulnerable individuals is needed. However,
this  question  must be considered as part of the whole discussion about
benefit packages, staffing and recruitment and retention.

This Task Force would be charged with looking at the various aspects  of
quality  workers  and  report  back  to  the legislature and Governor in
December 2011.

LEGISLATIVE HISTORY:  2008 - A11231 - VETOED MEMO, 39

FISCAL  IMPLICATIONS:    Minimal as the members of the Task Force do not
receive salaries.

EFFECTIVE DATE:  90 days after it shall have become law provided changes
needed to any rules or regulations for the implementation of this action
may be completed on or before the effective date.

2009-A7656A (ACTIVE) - Bill Text download pdf

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

                                 7656--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, LIFTON, JAFFEE, WEISENBERG, LUPARDO,
  SCHROEDER -- read once and referred to the Committee on Mental Health,
  Mental Retardation and  Developmental  Disabilities  --  committed  to
  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 establishing the
  task force on quality workers care

  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
33.26 to read as follows:
S 33.26 TASK FORCE ON QUALITY WORKERS CARE.
  (A) THERE IS HEREBY ESTABLISHED WITHIN THE DEPARTMENT THE  TASK  FORCE
ON  QUALITY  WORKERS  CARE  TO  STUDY AND MAKE RECOMMENDATIONS REGARDING
THOSE WHO ARE RECEIVING SERVICES IN PROGRAMS  AND  FACILITIES  THAT  ARE
LICENSED,  CERTIFIED  OR OPERATED BY   AN OFFICE OF THE DEPARTMENT.  THE
TASK FORCE ON QUALITY WORKERS CARE SHALL STUDY THE FOLLOWING:
  (1) QUALIFICATIONS FOR EMPLOYMENT;
  (2) EDUCATION AND TRAINING REQUIREMENTS FOR EMPLOYMENT;
  (3) REQUIRED STAFFING NEEDS AT ALL STATE AND PROVIDER CARE FACILITIES;
  (4) COMPENSATION BENEFIT PACKAGES AND RETENTION FOR EMPLOYEES OF  SUCH
FACILITIES;
  (5) CONTINUING EDUCATION AND TRAINING PROGRAMS;
  (6) WHISTLEBLOWER PROTECTION FOR EMPLOYEES; AND
  (7) ANY OTHER SUBJECTS THAT THE TASK FORCE DEEMS APPROPRIATE.
  (B)  THE  TASK  FORCE SHALL BE COMPRISED OF THE COMMISSIONER OF MENTAL
HEALTH, THE COMMISSIONER OF MENTAL RETARDATION AND  DEVELOPMENTAL  DISA-
BILITIES,  THE  COMMISSIONER OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES,
THE COMMISSIONER OF LABOR,  THE  COMMISSIONER  OF  CHILDREN  AND  FAMILY
SERVICES, THE COMMISSIONER OF HEALTH, THE COMMISSIONER OF EDUCATION, THE
PRESIDENT  OF  THE STATE CIVIL SERVICE COMMISSION, A REPRESENTATIVE FROM

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10819-02-0

A. 7656--A                          2

THE COMMISSION ON QUALITY OF CARE AND ADVOCACY FOR PERSONS WITH DISABIL-
ITIES, TWO REPRESENTATIVES FROM PROVIDER AGENCIES,  TWO  MENTAL  HYGIENE
PATIENT  ADVOCATES, TWO   PARENTS OR LEGAL GUARDIANS OF PATIENTS WHO ARE
RECEIVING RESIDENTIAL MENTAL HYGIENE  SERVICES, AND FIVE REPRESENTATIVES
TO  BE  APPOINTED BY THE GOVERNOR, WITH THREE OF SUCH APPOINTMENTS BEING
UPON THE RECOMMENDATION OF THE LABOR ORGANIZATION THAT REPRESENTS  WORK-
ERS IN STATE AND PROVIDER CARE FACILITIES.
  (C) THE COMMISSIONER OF MENTAL HEALTH OR HIS OR HER DESIGNEE SHALL  BE
THE CHAIR OF THE TASK FORCE.
  (D)  THE  TASK  FORCE  SHALL  MEET AS OFTEN AS DEEMED NECESSARY BY THE
CHAIR BUT IN NO EVENT LESS THAN FOUR TIMES PER YEAR.
  (E) THE MEMBERS OF THE TASK FORCE SHALL RECEIVE  NO  SALARY  OR  OTHER
COMPENSATION  FOR  THEIR SERVICES BUT SHALL BE ENTITLED TO REIMBURSEMENT
FOR ACTUAL AND NECESSARY EXPENSES  INCURRED IN THE PERFORMANCE OF  THEIR
DUTIES.
  (F)  BY DECEMBER FIRST, TWO THOUSAND ELEVEN, THE TASK FORCE ON QUALITY
WORKERS CARE SHALL CREATE A REPORT ON ITS FINDINGS. SUCH REPORT SHALL BE
SENT TO THE GOVERNOR, THE TEMPORARY PRESIDENT  OF  THE  SENATE  AND  THE
SPEAKER OF THE ASSEMBLY.
  S  2.  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  is  authorized
and directed to be made and completed on or before such effective date.

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Assembly Bill A7656

Sponsored By

Archive: Last Bill Status - In Assembly Committee

Actions

Bill Amendments

co-Sponsors

2009-A7656 - Details

2009-A7656 - Summary

2009-A7656 - Bill Text download pdf

co-Sponsors

2009-A7656A (ACTIVE) - Details

2009-A7656A (ACTIVE) - Summary

2009-A7656A (ACTIVE) - Sponsor Memo

2009-A7656A (ACTIVE) - Bill Text download pdf

Comments

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Assembly Bill A7656

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Sponsored By

RIVERA P

Archive: Last Bill Status - In Assembly Committee

Actions

Bill Amendments

co-Sponsors

Barbara Lifton

Ellen C. Jaffee

Harvey Weisenberg

Donna Lupardo

2009-A7656 - Details

2009-A7656 - Summary

2009-A7656 - Bill Text download pdf

co-Sponsors

Barbara Lifton

Ellen C. Jaffee

Harvey Weisenberg

Donna Lupardo

2009-A7656A (ACTIVE) - Details

2009-A7656A (ACTIVE) - Summary

2009-A7656A (ACTIVE) - Sponsor Memo

2009-A7656A (ACTIVE) - Bill Text download pdf

Comments