senate Bill S5493A

2011-2012 Legislative Session

Provides the community guardianship program

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Archive: Last Bill Status - Passed Senate


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

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Actions

view actions (17)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 06, 2012 referred to mental health
delivered to assembly
passed senate
Mar 05, 2012 advanced to third reading
Mar 01, 2012 2nd report cal.
Feb 29, 2012 1st report cal.258
Jan 05, 2012 print number 5493a
amend and recommit to aging
Jan 04, 2012 referred to aging
returned to senate
died in assembly
Jun 14, 2011 referred to social services
delivered to assembly
passed senate
Jun 13, 2011 ordered to third reading cal.1164
Jun 11, 2011 committee discharged and committed to rules
May 25, 2011 referred to aging

Votes

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Feb 29, 2012 - Aging committee Vote

S5493A
12
0
committee
12
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Aging committee vote details

Aging Committee Vote: Feb 29, 2012

Jun 13, 2011 - Rules committee Vote

S5493
24
0
committee
24
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Bill Amendments

Original
A (Active)
Original
A (Active)

S5493 - Bill Details

See Assembly Version of this Bill:
A8308A
Current Committee:
Law Section:
Social Services Law
Laws Affected:
Amd §473-d, Soc Serv L

S5493 - Bill Texts

view summary

Provides the community guardian program shall obtain annually a statement prepared by a physician, psychologist, nurse clinician, social worker, or other person, evaluating the condition and current functional level of the person for whom the community guardian program serves as guardian.

view sponsor memo
BILL NUMBER:S5493

TITLE OF BILL:
An act
to amend the social services law, in relation to the community
guardianship program

SUMMARY OF PROVISIONS:
Section 1. Eliminates the requirement for two annual assessments by
mental health professionals for a ward of the state's community
guardian program. Instead, requires a single assessment by a doctor,
psychologist or social worker who has evaluated the client in the
three months prior to the filing of the report regarding the client's
condition and current functional level. This report is already
mandated by Section 81.31 of the Mental Hygiene Law.

JUSTIFICATION:
Current Social Services Law requires that clients of a community
guardian program be assessed yearly by two mental health
professionals. These assessments help determine whether continued
guardianship is needed. This requirement is no longer necessary in
light of provisions of the Mental Hygiene Law. In particular, section
81.31 of the Mental Hygiene law requires that every guardian file an
annual report with the court covering range of issues. One component
of the report is a statement by a physician, psychologist, nurse
clinician or social worker or other person who has recently evaluated
the client regarding the client's condition and his or her function
level. Since an evaluation of each client must now be conducted, it
is redundant to require that two mental health professionals must
also assess the client. During these difficult fiscal times, New York
City strains to safeguard vital services while implement cost saving
measures. Funds spent by localities on contracts for these
assessments could be used elsewhere, rather than supporting
duplicative and unnecessary evaluations.

LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
None to the state.

LOCAL FISCAL IMPLICATIONS:
Savings to localities utilizing the community guardian program.

EFFECTIVE DATE:
This act shall take effect immediately.

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

                                  5493

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              May 25, 2011
                               ___________

Introduced  by Sen. GALLIVAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Aging

AN ACT to amend the social services law, in relation  to  the  community
  guardianship program

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

  Section 1. Paragraph (g) of subdivision 3  of  section  473-d  of  the
social  services  law,  as  added by chapter 846 of the laws of 1986 and
such section as renumbered by chapter  395  of  the  laws  of  1995,  is
amended to read as follows:
  (g)  the  community  guardian program shall obtain [annual assessments
from two qualified psychiatrists or one qualified psychiatrist  and  one
qualified  psychologist  who  are  independent of the community guardian
program of persons for whom it serves as  committee  or  conservator  to
determine whether continuation of the guardianship is necessary, and the
appointing  court  shall  be informed of the results of such assessments
and may discharge the  community  guardian  program  as  conservator  or
committee  pursuant  to  sections  77.35 and 78.27 of the mental hygiene
law] A STATEMENT BY  A  PHYSICIAN,  PSYCHOLOGIST,  NURSE  CLINICIAN,  OR
SOCIAL  WORKER, OR OTHER PERSON WHO HAS EVALUATED OR EXAMINED THE PERSON
FOR WHOM THE COMMUNITY GUARDIAN PROGRAM SERVES AS COMMITTEE OR CONSERVA-
TOR WITHIN THE THREE MONTHS PRIOR TO THE FILING OF THE STATEMENT REGARD-
ING AN EVALUATION OF THE CONDITION AND THE CURRENT FUNCTIONAL  LEVEL  OF
SUCH PERSON;
  S 2. This act shall take effect immediately.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11291-01-1

S5493A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A8308A
Current Committee:
Law Section:
Social Services Law
Laws Affected:
Amd §473-d, Soc Serv L

S5493A (ACTIVE) - Bill Texts

view summary

Provides the community guardian program shall obtain annually a statement prepared by a physician, psychologist, nurse clinician, social worker, or other person, evaluating the condition and current functional level of the person for whom the community guardian program serves as guardian.

view sponsor memo
BILL NUMBER:S5493A

TITLE OF BILL:
An act
to amend the social services law, in relation to the community
guardianship program

SUMMARY OF PROVISIONS:
At present, subparagraph (g) of paragraph 3 of section 473-d of the
Social Services Law requires that community guardian programs obtain
assessments of their clients by two mental health professionals each
year. These assessments are intended to be used to determine whether
the guardianship continues to be necessary.

Section one of this bill would eliminate this requirement and instead
require a report by a doctor or psychologist or other person who has
evaluated the client in the three months prior to the filing of the
report regarding the client's condition and current functional level.
This report is already required by paragraph 5 of subdivision (b) of
section 81.31 of the Mental Hygiene Law.

JUSTIFICATION:
Current Social Services Law requires that clients of a community
guardian program be assessed yearly by two mental health
professionals. These assessments help determine whether continued
guardianship is needed.
This requirement is no longer necessary in light of provisions of the
Mental Hygiene Law. In particular, section 81.31 of the Mental
Hygiene law requires that every guardian file an annual report with
the court covering range of issues. One component of the report is a
statement by a physician, psychologist, nurse clinician or social
worker or other person who has recently evaluated the client
regarding the client's condition and his or her function level. Since
an evaluation of each client must now be conducted, it is redundant
to require that two mental health professionals must also assess the
client. During these difficult fiscal times, New York City strains to
safeguard vital services while
implement cost saving measures. Funds spent by localities on contracts
for these assessments could be used elsewhere, rather than supporting
duplicative and unnecessary evaluations.

LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
None to the state.

LOCAL FISCAL IMPLICATIONS:
Savings to localities utilizing the community guardian program.

EFFECTIVE DATE:
This act shall take effect immediately.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5493--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              May 25, 2011
                               ___________

Introduced  by Sen. GALLIVAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Aging  --  recommitted  to
  the  Committee  on  Aging  in accordance with Senate Rule 6, sec. 8 --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

AN  ACT  to  amend the social services law, in relation to the community
  guardianship program

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

  Section  1.  Paragraph  (g)  of  subdivision 3 of section 473-d of the
social services law, as added by chapter 846 of the  laws  of  1986  and
such  section  as  renumbered  by  chapter  395  of the laws of 1995, is
amended to read as follows:
  (g) the community guardian program shall  obtain  [annual  assessments
from  two  qualified psychiatrists or one qualified psychiatrist and one
qualified psychologist who are independent  of  the  community  guardian
program  of  persons  for  whom it serves as committee or conservator to
determine whether continuation of the guardianship is necessary, and the
appointing court shall be informed of the results  of  such  assessments
and  may  discharge  the  community  guardian  program as conservator or
committee pursuant to sections 77.35 and 78.27  of  the  mental  hygiene
law]  ANNUALLY  A STATEMENT PREPARED BY A PHYSICIAN, PSYCHOLOGIST, NURSE
CLINICIAN, OR SOCIAL WORKER, OR OTHER PERSON  EVALUATING  THE  CONDITION
AND FUNCTIONAL LEVEL OF A PERSON FOR WHOM THE COMMUNITY GUARDIAN PROGRAM
SERVES  AS  GUARDIAN  PURSUANT  TO  PARAGRAPH FIVE OF SUBDIVISION (B) OF
SECTION 81.31 OF THE MENTAL HYGIENE LAW;
  S 2. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11291-03-1

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