Senate Bill S5596

2009-2010 Legislative Session

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

download bill text pdf

Archive: Last Bill Status - In Senate Committee Mental Health And Developmental Disabilities 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
Jan 06, 2010	referred to mental health and developmental disabilities
Jul 16, 2009	committed to rules
Jul 09, 2009	amended on third reading 5596a
Jun 08, 2009	advanced to third reading
Jun 04, 2009	2nd report cal.
Jun 03, 2009	1st report cal.627
May 20, 2009	referred to mental health and developmental disabilities

Bill Amendments

Original

A (Active)

2009-S5596 - Details

See Assembly Version of this Bill:: A7647
Current Committee:: Senate Mental Health And Developmental Disabilities
Law Section:: Mental Hygiene Law
Laws Affected:: Amd §§7.39, 13.39 & 32.37, Ment Hyg L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S3068, A3478
2013-2014: S1462
2015-2016: S2914
2017-2018: S3593
2019-2020: S4892

2009-S5596 - Summary

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

2009-S5596 - Sponsor Memo

                                 BILL NUMBER:  S5596

 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 :
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 0 of individuals
with disabilities served by the agency or the fiscal viability or
integrity of the agency.

 SUMMARY OF 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, 2010 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 in order
to be considered for recertification.

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, 2010 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 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 OMRDD annually in order to be considered for recertification.

Section four of the bill amends section 13 .09 of the mental hygiene
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, 2010 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 in
order to be considered for recertification.

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, CQC'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.

 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 :
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-S5596 - Bill Text download pdf

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

                                  5596

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              May 20, 2009
                               ___________

Introduced  by  Sen. HUNTLEY -- 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 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

S. 5596                             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

S. 5596                             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.

2009-S5596A (ACTIVE) - Details

See Assembly Version of this Bill:: A7647
Current Committee:: Senate Mental Health And Developmental Disabilities
Law Section:: Mental Hygiene Law
Laws Affected:: Amd §§7.39, 13.39 & 32.37, Ment Hyg L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S3068, A3478
2013-2014: S1462
2015-2016: S2914
2017-2018: S3593
2019-2020: S4892

2009-S5596A (ACTIVE) - Summary

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

2009-S5596A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S5596A

 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 :
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. 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.

 SUMMARY OF PROVISIONS :
Section One of the bill amends section 7.39(a) of the mental hygiene
law to require OMH to establish minimum training requirements by
October 31, 2010 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 two 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, 2010
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 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 OMRDD
annually.

Section three of the bill amends section 32.37 of the mental hygiene
law to require OASAS to establish minimum training requirements by
October 31, 2010 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 four 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, mentally ill and chemically
dependent 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,
CQC'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. 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.

 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 :
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-S5596A (ACTIVE) - Bill Text download pdf

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

                                 5596--A
    Cal. No. 627

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              May 20, 2009
                               ___________

Introduced  by  Sen. HUNTLEY -- read twice and ordered printed, and when
  printed to be committed to the Committee on Mental Health and Develop-
  mental Disabilities -- reported favorably from said committee, ordered
  to first and second report, ordered to a third  reading,  amended  and
  ordered reprinted, retaining its place in the order of third reading

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.  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
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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10809-02-9

S. 5596--A                          2

  (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 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 CAPACITY.
  S 2. 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] 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 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 COMMIS-
SIONER. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO EXEMPT SUCH HOSPI-
TALS 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 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 CAPACITY.
  S 3. 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 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  trus-
tees  of  such  corporation  TOGETHER  WITH THE LAST DATE OF THE CURRENT
MEMBERS' OR TRUSTEES' COMPLETION OF THE TRAINING REQUIREMENTS.    HOSPI-
TALS  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

S. 5596--A                          3

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 FACILITY OR 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 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 CAPACITY.
  S  4.  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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Senate Bill S5596

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Archive: Last Bill Status - In Senate Committee Mental Health And Developmental Disabilities Committee

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Sponsored By

Shirley L. Huntley

Archive: Last Bill Status - In Senate Committee Mental Health And Developmental Disabilities Committee

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