Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 06, 2010 |
referred to mental health and developmental disabilities |
Apr 27, 2009 |
referred to mental health and developmental disabilities |
Senate Bill S5155
2009-2010 Legislative Session
Sponsored By
(R, C, Ind, WF) Senate District
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
Actions
2009-S5155 (ACTIVE) - Details
- Current Committee:
- Senate Mental Health And Developmental Disabilities
- Law Section:
- Mental Hygiene Law
- Laws Affected:
- Amd ยง16.17, Ment Hyg L
2009-S5155 (ACTIVE) - Sponsor Memo
BILL NUMBER: S5155 TITLE OF BILL : An act to amend the mental hygiene law, in relation to the temporary suspension or limitation of an operating certificate for the misappropriation of public funds PURPOSE : This legislation would provide OMRDD with the authority to temporarily limit or suspend the operating certificate of a facility not only when a client's health or safety is in imminent danger, but also when OMRDD has found public funds have been misappropriated. SUMMARY OF PROVISIONS : Section 1 of the bill amends paragraph 1 of subdivision (b) of section 16.17 of the mental hygiene law to provide the Commissioner of the Office of Mental Retardation and Developmental Disabilities with the authority to temporarily suspend or limit the operating certificate of a facility without a prior hearing for 60 days when they have found that public funds have been misappropriated. Section 2 of the bill provides for an effective day on the 90th day after it shall have become law. JUSTIFICATION : While the vast majority of facilities providing care to New York State's developmentally disabled individuals do an outstanding job, on occasion facilities have been found to have safety, quality of care and fiscal mismanagement issues. Current law allows the Commissioner to temporarily suspend or limit without a
2009-S5155 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5155 2009-2010 Regular Sessions I N S E N A T E April 27, 2009 ___________ Introduced by Sen. MORAHAN -- 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 temporary suspension or limitation of an operating certificate for the misappro- priation of public funds THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The opening paragraph of paragraph 1 of subdivision (b) of section 16.17 of the mental hygiene law, as amended by chapter 169 of the laws of 1992, is amended to read as follows: An operating certificate may be temporarily suspended or limited with- out a prior hearing for a period not in excess of sixty days upon writ- ten notice to the facility following a finding by the office of mental retardation and developmental disabilities EITHER that a client's health or safety is in imminent danger OR THE MISAPPROPRIATION OF PUBLIC FUNDS HAD OCCURRED. Upon such finding and notice, the power of the commission- er temporarily to suspend or limit an operating certificate shall include, but shall not be limited to, the power to: S 2. This act shall take effect on the ninetieth day after it shall have become a law. 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. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11582-01-9
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