S T A T E O F N E W Y O R K
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4418
2011-2012 Regular Sessions
I N A S S E M B L Y
February 3, 2011
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Introduced by M. of A. P. RIVERA, LIFTON, LUPARDO, JAFFEE, SCHROEDER,
WEISENBERG -- read once and referred to the Committee on Mental Health
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 DEVELOPMENTAL DISABILITIES, 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 DISABILITIES, TWO REPRESENTATIVES
FROM PROVIDER AGENCIES, TWO MENTAL HYGIENE PATIENT ADVOCATES, TWO
PARENTS OR LEGAL GUARDIANS OF PATIENTS WHO ARE RECEIVING RESIDENTIAL
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00420-01-1
A. 4418 2
MENTAL HYGIENE SERVICES, AND FIVE REPRESENTATIVES TO BE APPOINTED BY
THE GOVERNOR, WITH THREE OF SUCH APPOINTMENTS BEING UPON THE RECOMMENDA-
TION OF THE LABOR ORGANIZATION THAT REPRESENTS WORKERS 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 TWELVE, 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.