|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 04, 2012||referred to mental health and developmental disabilities|
|Feb 07, 2011||referred to mental health and developmental disabilities|
senate Bill S3019
Archive: Last Bill Status -
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S3019 - Details
- Law Section:
- Mental Hygiene Law
- Laws Affected:
- Amd §§29.23 & 33.07, Ment Hyg L
- Versions Introduced in 2009-2010 Legislative Session:
S3019 - Sponsor Memo
BILL NUMBER:S3019 TITLE OF BILL: An act to amend the mental hygiene law, in relation to powers with respect to the property of patients PURPOSE: This measure seeks to increase the value of funds or personal property the commissioner of OMRDD or OMH may authorize a facility director to receive on behalf of a person receiving residential services in an amount up to the Medicaid resource exclusion amount which is currently $13,050 from the current $5,000 limit. SUMMARY OF PROVISIONS: Sections 1 and 2 of the bill amend sections 29.23 and section 3 amends section 33.07 of the mental hygiene law to allow the Commissioners of OMRDD and OMH to authorize a facility director to receive or obtain funds or other personal property on behalf of a person receiving residential services up to the limit set by the medical assistance exclusion for a single person as found in section 366.2 of the Social Services Law. The bill would also allow the Commissioners to authorize directors of mental hygiene facilities, including not-for-profit directors, to give receipts, execute releases and other documents required by law, to manage funds and personal property on behalf of consumers.
S3019 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 3019 2011-2012 Regular Sessions I N S E N A T E February 7, 2011 ___________ 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, as amended by section 1 of part A of chapter 111 of the laws of 2010, is amended to read as follows: S 29.23 Powers with respect to property of persons receiving services. (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 person receiving services from such facility who has no guardian authorized to receive such funds or proper- ty, up to an amount or value not exceeding [twenty-five thousand dollars] THE MEDICAL ASSISTANCE RESOURCE EXCLUSION FOR A SINGLE PERSON AS DESCRIBED IN SUBDIVISION TWO OF SECTION THREE HUNDRED SIXTY-SIX OF THE SOCIAL SERVICES LAW; and also from a guardian upon his discharge when the final order so provides where the balance remaining in the hands of such guardian does not exceed such amount. Such personal prop- erty, excepting jewelry, other than moneys shall be retained by the director for the benefit of the person 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 person for whom received and disbursed on the order of the director, to provide, in the first instance, for luxuries, comforts, and necessities for such person, including burial expenses and such director shall be authorized to seek to place, to the extent permissible by law, funds in excess of the appropriate eligibility level for government benefits, into a qualifying Medicaid exception trust, including a special needs trust, or similar device. The director of a department facility shall ensure that the treatment team meet with, and determine the current and future personal needs of, the person receiving services. For purposes of
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