senate Bill S5311

2011-2012 Legislative Session

Requires the guardian of an incapacitated person to notify the local department of social services of the death of such incapacitated person

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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
returned to senate
died in assembly
Jun 22, 2011 referred to mental health
delivered to assembly
passed senate
Jun 13, 2011 advanced to third reading
Jun 07, 2011 2nd report cal.
Jun 06, 2011 1st report cal.1004
May 04, 2011 referred to mental health and developmental disabilities

Votes

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Jun 6, 2011 - Mental Health and Developmental Disabilities committee Vote

S5311
8
0
committee
8
Aye
0
Nay
2
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Mental Health and Developmental Disabilities committee vote details

Mental Health and Developmental Disabilities Committee Vote: Jun 6, 2011

aye wr (2)

S5311 - Bill Details

Current Committee:
Law Section:
Mental Hygiene Law
Laws Affected:
Amd §81.44, Ment Hyg L

S5311 - Bill Texts

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Requires notification to the local department of social services upon the death of an incapacitated person.

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BILL NUMBER:S5311

TITLE OF BILL:
An act
to amend the mental hygiene law, in relation to notifying the local
department of social services upon the death of an incapacitated person

SUMMARY OF PROVISIONS:
This bill amends Mental Hygiene Law §81.44(c)(1)
by adding a requirement that the duly appointed personal
representative of a decedent's estate or the personal representative
named in the decedent's will or any trust instrument, if known notify
the local social services district of the death of the decedent.

REASONS FOR SUPPORT:
The City proposes legislation that will increase
Medicaid reimbursement recoveries by requiring that the assigned
guardian of an individual notify the local social service district -
in New York City, the Human Resources Administration (HRA) upon the
death of the individual.

Presently, there is no system by which HRA is promptly notified upon
the death of an individual who, due to incapacitation, has been
assigned a guardian. Under current statute, the guardian must notify
other entities, such as the court examiner and the public
administrator, but not the agency that provides Medicaid services at
public expense.

This notification is critically important when an individual has an
outstanding Medicaid lien. As a result of delays in these instances,
the City is hindered in seeking reimbursement of Medicaid benefits
expended on behalf of the individual. Although payment of debts and
other fees cannot be quantified for the purpose of this proposal, we
know that up to 12% of gross estate assets are lost in fees paid to
attorneys and public administrators when an estate is transferred
from the guardian before HRA can insert a lien.

HRA's current process in this regard is piecemeal and time-consuming;
staff members check the Welfare Maintenance System and Nexis death
records, with occasional notification volunteered by the guardian.
Since an appointed guardian has the responsibility to administer an
incapacitated person's affairs and has an understanding of the
person's history and circumstances, he or she should be obligated to
notify the local social service district along with the court
examiner and the public administrator.

Accordingly, the Mayor urges the earliest possible favorable
consideration of this proposal by the Legislature.

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

                                  5311

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               May 4, 2011
                               ___________

Introduced  by Sen. McDONALD -- 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  notifying  the
  local department of social services upon the death of an incapacitated
  person

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

  Section 1. Paragraph 1 of subdivision (c)  of  section  81.44  of  the
mental  hygiene  law,  as  added  by chapter 175 of the laws of 2008, is
amended to read as follows:
  1. serve a copy of the statement of death upon the court examiner, the
duly appointed personal representative of the decedent's estate, or,  if
no  [person]  PERSONAL  representative has been appointed, then upon the
personal representative named  in  the  decedent's  will  or  any  trust
instrument,  if  known, UPON THE LOCAL DEPARTMENT OF SOCIAL SERVICES and
upon the public administrator of the chief fiscal officer of the  county
in which the guardian was appointed, and
  S 2. This act shall take effect immediately.





 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10864-01-1

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