Senate Bill S5594

                                 BILL NUMBER:  S5594

 TITLE OF BILL :
An act to amend the mental hygiene law, in relation to increasing the
frequency of visitation and inspection of facilities per year


 PURPOSE :
To increase the number of inspections conducted at facilities operated
and/or licensed by the Office of Mental Retardation and Developmental
Disabilities from two to three per year and to allow for independent
monitors to accompany inspectors during such inspections.

 SUMMARY OF PROVISIONS :
Section 1 of the bill amends subdivision (a) of section 16.11 of the
mental hygiene law to increase the number of periodic visitations and
inspections of each facility from a minimum of two to a minimum of
three, making them unannounced and allowing members of the board of
visitors and other independent monitors approved by the Commissioner
to accompany inspectors. It also increases the number of unannounced
inspections of facilities that have a history of compliance and a
record of providing high quality of care from a minimum of one to a
minimum of two per year.

Section 2 of the bill provides for an immediate effective date.

              

 EXISTING LAW :
Section 16.11(a) provides for a minimum two inspections of each
facility per year, at least one of which shall be without prior
notice. It also provides that where, in the discretion of the
commissioner, an operating certificate has been issued to a program
with a history of compliance and a record of providing a high quality
of care, the periodic inspection and visitation shall be made at least
once during each calendar year without prior notice.

 JUSTIFICATION :
Caring for our most vulnerable developmentally disabled citizens is an
important job carried out by many dedicated workers and agencies
throughout the state. In order to insure that individuals are cared
for in a manner that meets our highest standards, New York State
conducts visitations and inspections of facilities that it operates
and/or licenses each year. This bill allows members of a board of
visitors and other individuals, if approved by the Commissioner, to
accompany inspectors and serve as independent monitors during
inspections. It also provides for an extra inspection each year and
insures that all inspections are unannounced. This bill will provide
additional oversight and transparency to the existing inspection
process.

 LEGISLATIVE HISTORY :
New bill.

 FISCAL IMPLICATIONS :
To be determined.

 EFFECTIVE DATE :
Immediately.