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

                                  4900

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 27, 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  powers  with
  respect to the property of patients

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

  Section 1. Section 29.23 of the mental hygiene law is amended to  read
as follows:
S 29.23 Powers with respect to property of patients.
  (A) The commissioner may authorize the directors of department facili-
ties,  to  receive or obtain funds or other personal property, excepting
jewelry, due or belonging to a patient who has no committee,  up  to  an
amount  or  value  not  exceeding  [five  thousand  dollars] THE MEDICAL
ASSISTANCE RESOURCE EXCLUSION FOR A SINGLE PERSON AS DESCRIBED IN SUBDI-
VISION TWO OF SECTION THREE HUNDRED SIXTY-SIX  OF  THE  SOCIAL  SERVICES
LAW;  and  also from a committee upon his discharge when the final order
so provides where the balance remaining in the hands of  such  committee
does not exceed such amount.  Such personal property, excepting jewelry,
other  than  moneys shall be retained by the director for the benefit of
the patient for whom received until sold as hereinafter  provided.  Such
funds  and  the  proceeds  of  the  sale  of  other personal property so
received shall be placed to the credit of the patient for whom  received
and  disbursed  on  the  order of the director, to provide, in the first
instance, for luxuries, comforts,  and  necessities  for  such  patient,
including  burial  expenses, and, if funds are thereafter available, for
the support of such patient. The commissioner may  authorize  directors,
on  behalf  of  any such patient, to give receipts, execute releases and
other documents required by law or court order, to  endorse  checks  and
drafts, and to convert personal property excepting jewelry into money by
sale  for  an adequate consideration, and to execute bills of sale or to

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10174-01-9
              

S. 4900                             2

permit such patient to do so, in order that the proceeds may be deposit-
ed to the credit of such patient in accordance with  the  provisions  of
this section.
  (B)  Whenever,  under the provisions of this section, the commissioner
shall authorize the director of a facility in the department to  receive
moneys  or  other  personal  property  excluding  jewelry belonging to a
patient which are on deposit in any bank or other institution  or  which
are due to the person from any person or agency, such bank, institution,
person,  or  agency  shall,  upon  the  written request of the director,
forthwith turn over to such director from such moneys or personal  prop-
erty  the amount or value hereinbefore specified. Any moneys received by
the director of such facility shall be deposited by him in such bank  or
trust company as shall be designated by the comptroller, except that the
commissioner  may,  in  his discretion, invest so much thereof as he may
deem advisable in bonds issued by the United States government or any of
its agencies.
  (C) Moneys belonging to a patient received by  the  director  of  such
facility pursuant to law shall be received by him in his official capac-
ity  as  such  director  and such receipt shall be deemed an exercise or
performance by him of a power and duty duly conferred by this section.
  S 2. Section 33.07 of the  mental  hygiene  law,  subdivision  (c)  as
amended and subdivision (e) as added by chapter 709 of the laws of 1986,
such  section  as  renumbered  by  chapter  978  of the laws of 1977, is
amended to read as follows:
S 33.07 Care and custody of the personal property of patients.
  (a) A patient's right to retain his personal belongings upon admission
to a MENTAL HYGIENE facility shall be respected. The  director,  subject
to  the  regulations  of the commissioner, may take temporary custody of
the  patient's  personal  property  upon  the  person  of  the  patient.
Personal  property  which is retained for the patient's protection shall
be used for the support and benefit of the patient if deemed  desirable.
Otherwise, it is to be conserved for his benefit. If a patient is trans-
ferred to another facility, his personal belongings shall be transferred
with  him. Gifts received by a patient in a facility shall be handled in
the same manner.
  (b) The director of a [department] MENTAL HYGIENE facility shall  have
the  power to take temporary and immediate custody of the personal prop-
erty of a patient which is in  the  possession  of  other  persons  upon
giving a receipt therefor to the person having possession thereof.
  (c) Any interest on money received and held for a patient shall be the
property  of the individual patient and shall not accrue for the general
welfare of all patients in a facility.
  [(e)] (D) A mental hygiene facility which is  a  representative  payee
for  a  patient  pursuant to designation by the social security adminis-
tration or which assumes management responsibility over the funds  of  a
patient,  shall  maintain  such  funds  in  a  fiduciary capacity to the
patient. The commissioners of mental health and mental  retardation  and
developmental disabilities shall develop standards regarding the manage-
ment of patient funds.
  (E) THE COMMISSIONER MAY AUTHORIZE DIRECTORS OF MENTAL HYGIENE FACILI-
TIES,  ON BEHALF OF A PATIENT, TO GIVE RECEIPTS AND EXECUTE RELEASES AND
OTHER DOCUMENTS REQUIRED BY LAW OR COURT ORDER.
  S 3. This act shall take effect immediately.