senate Bill S5791

2011-2012 Legislative Session

Increases the frequency that visitation or inspections of facilities operated or licensed by the office for people with 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
May 09, 2012 reported and committed to finance
Jan 04, 2012 referred to mental health and developmental disabilities
Jun 16, 2011 referred to rules

Votes

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May 9, 2012 - Mental Health and Developmental Disabilities committee Vote

S5791
10
0
committee
10
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
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Mental Health and Developmental Disabilities Committee Vote: May 9, 2012

Co-Sponsors

S5791 - Bill Details

See Assembly Version of this Bill:
A6665A
Current Committee:
Senate Finance
Law Section:
Mental Hygiene Law
Laws Affected:
Amd ยง16.11, Ment Hyg L

S5791 - Bill Texts

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Increases the frequency that visitation or inspections of facilities operated or licensed by the office for people with developmental disabilities must be made each year.

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BILL NUMBER:S5791

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 (al 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
________________________________________________________________________

                                  5791

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              June 16, 2011
                               ___________

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

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,  PROVIDED,  HOWEVER,  THAT  THE
COMMISSIONER  PROVIDE NOTICE TO MEMBERS OF THE APPLICABLE BOARD OF VISI-
TORS.  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  PERIODIC  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.
                                                           LBD08759-04-1

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