senate Bill S3067

2011-2012 Legislative Session

Increases the frequency that visitation or inspections of facilities operated or licensed by the office of mental retardation and developmental disabilities must be made each year

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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
Mar 23, 2011 reported and committed to finance
Feb 08, 2011 referred to mental health and developmental disabilities

Votes

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Mar 23, 2011 - Mental Health and Developmental Disabilities committee Vote

S3067
9
0
committee
9
Aye
0
Nay
0
Aye with Reservations
0
Absent
1
Excused
0
Abstained
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Mental Health and Developmental Disabilities Committee Vote: Mar 23, 2011

excused (1)

S3067 - Bill Details

Current Committee:
Law Section:
Mental Hygiene Law
Laws Affected:
Amd ยง16.11, Ment Hyg L
Versions Introduced in 2009-2010 Legislative Session:
S5594

S3067 - Bill Texts

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Increases the frequency that visitation or inspections of facilities operated or licensed by the office of mental retardation and developmental disabilities must be made each year.

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BILL NUMBER:S3067 REVISED 03/22/11

TITLE OF BILL:
An act
to amend the mental hygiene law, in relation to increasing the frequency
of visitation and inspection of facilities per year

PURPOSE:
To increase the number of inspections conducted at facilities operated
and/or licensed by the Office of People with Developmental
Disabilities from two to three per year and to allow for independent
monitors to accompany inspectors during such inspections.

SUMMARY OF PROVISIONS:
Section 1 of the bill amends subdivision (a) of section 16.11 of the
mental hygiene law to increase the number of periodic visitations and
inspections of each facility from a minimum of two to a minimum of
three, making them unannounced and allowing members of the board of
visitors and other independent monitors approved by the Commissioner
to accompany inspectors. It also increases the number of unannounced
inspections of facilities that have a history of compliance and a
record of providing high quality of care from a minimum of one to a
minimum of two per year.

Section 2 of the bill provides for an immediate effective date.

EXISTING LAW:
Section 16.11(a) provides for a minimum two inspections of each
facility per year, at least one of which shall be without prior
notice. It also provides that where, in the discretion of the
commissioner, an operating certificate has been issued to a program
with a history of compliance and a record of providing a high quality
of care, the periodic inspection and visitation shall be made at
least once during each calendar year without prior notice.

JUSTIFICATION:
Caring for our most vulnerable developmentally disabled citizens is an
important job carried out by many dedicated workers and agencies
throughout the state. In order to insure that individuals are cared
for in a manner that meets our highest standards, New York State
conducts visitations and inspections of facilities that it operates
and/or licenses each year. This bill allows members of a board of
visitors and other individuals, if approved by the Commissioner, to
accompany inspectors and serve as independent monitors during
inspections. It also provides for an extra inspection each year and
insures that all
inspections are unannounced. This bill will provide additional
oversight and transparency to the existing inspection process.

LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:


Immediately.

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

                                  3067

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 8, 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  increasing  the
  frequency of visitation and inspection of facilities per year

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

  Section 1. Subdivision (a) of section 16.11 of the mental hygiene law,
as amended by chapter 214 of the laws of 1993, is  amended  to  read  as
follows:
  (a)  The  commissioner  shall  provide for the periodic visitation and
inspection of each facility. Inspections shall be made as frequently  as
the  commissioner  may  deem necessary but in any event such inspections
shall be made on at least [two] THREE  occasions  during  each  calendar
year[,  at  least one of] which shall be without prior notice, provided,
however, that where, in the discretion of the commissioner, an operating
certificate has been issued to a program with a  history  of  compliance
and  a  record  of  providing  a  high  quality  of  care,  the periodic
inspection and visitation required by this subdivision shall be made  at
least  [once]  TWICE  during  each  calendar  year provided such [visit]
VISITS shall be without prior notice.  ANY MEMBER OR MEMBERS OF A  BOARD
OF  VISITORS, APPOINTED PURSUANT TO SECTION 13.33 OF THIS TITLE, AND ANY
OTHER  INDIVIDUAL  OR  INDIVIDUALS  THE  COMMISSIONER  AT  HIS  OR   HER
DISCRETION APPROVES, MAY ACCOMPANY INSPECTORS DURING THE STATE'S PERIOD-
IC  VISITATIONS  AND  INSPECTIONS  CONDUCTED PURSUANT TO THIS SECTION AS
INDEPENDENT MONITORS.
  S 2.  This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08759-01-1

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