senate Bill S3019

2011-2012 Legislative Session

Relates to the treatment of property of patients of mental hygiene facilities

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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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

S3019 - Details

Current Committee:
Law Section:
Mental Hygiene Law
Laws Affected:
Amd ยงยง29.23 & 33.07, Ment Hyg L
Versions Introduced in 2009-2010 Legislative Session:
S4900

S3019 - Summary

Relates to the treatment of property of patients of mental hygiene facilities.

S3019 - Sponsor Memo

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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