S T A T E O F N E W Y O R K
________________________________________________________________________
9126
I N A S S E M B L Y
January 25, 2012
___________
Introduced by M. of A. WEISENBERG, P. RIVERA, JAFFEE, McKEVITT, CASTRO,
ORTIZ, CERETTO, SCHIMEL, STEVENSON, ROSENTHAL, RAIA, CURRAN, COLTON,
GUNTHER, COOK, GRAF, TOBACCO, RA -- Multi-Sponsored by -- M. of A.
CAHILL, CROUCH, DUPREY, GIBSON, GOTTFRIED, RYAN, SAYWARD, SWEENEY,
THIELE -- read once and referred to the Committee on Mental Health
AN ACT to amend the mental hygiene law, in relation to developmental
disabilities services offices
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 13.34 of the mental hygiene law, as added by chap-
ter 57 of the laws of 1987, subdivisions 1, 2 and 3 as amended by chap-
ter 542 of the laws of 2011, is amended to read as follows:
S 13.34 On-site client advocacy in [developmental centers] DEVELOPMENTAL
DISABILITIES SERVICES OFFICES.
1. There shall be at each [developmental center facility] DEVELOP-
MENTAL DISABILITIES SERVICES OFFICE listed in section 13.17 of this
article, an ombudsman who shall be an employee of the commission on
quality of care and advocacy for persons with disabilities under article
forty-five of this chapter and who shall be responsible for receiving
and responding to any complaints regarding individual clients residing
in such [facility] DEVELOPMENTAL DISABILITIES SERVICES OFFICE. The
ombudsman shall have the following powers and duties:
i. to advise and consult with parents, guardians, correspondents and
other interested persons with respect to any complaints, or issues
related to the conditions of clients' residents;
ii. to review and attempt to remedy specific complaints with responsi-
ble and appropriate staff;
iii. where it appears that care has not been rendered as required by
applicable standards to refer the complaint to the appropriate agency or
body for its attention;
iv. to receive and keep confidential any complaint, information or
inquiry from any source. The records of the ombudsman shall be confiden-
tial, and shall not be available to the public;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14030-01-2
A. 9126 2
v. to advise and consult with the board of visitors of the develop-
mental center IN EACH DEVELOPMENTAL DISABILITIES SERVICES OFFICE served
by the ombudsman with respect to any complaints or issues relating to
conditions of client's residence and to regularly attend the meetings of
such board; and
vi. to meet with the commissioner, or a representative of the commis-
sioner, on a quarterly basis regarding systemic issues in the ombuds-
man's jurisdiction.
2. The president of the board of visitors of each developmental center
facility IN EACH DEVELOPMENTAL DISABILITIES SERVICES OFFICE listed in
section 13.17 of this article, shall, in consultation with the members
of such board, recommend three persons to serve as ombudsman at the
[facility] DEVELOPMENTAL DISABILITIES SERVICES OFFICE. In making such
recommendation, the president shall also consider the expressed opinion
of parents, guardians and correspondents of clients residing [at such
facility] IN SUCH DEVELOPMENTAL DISABILITIES SERVICES OFFICE. The
persons so recommended as ombudsman shall have expressed an active
interest or shall have had professional knowledge in advocating for
persons who are mentally disabled. The commission on quality of care and
advocacy for persons with disabilities shall select one of the recom-
mended persons as ombudsman. The ombudsman may only be removed from
office for just cause. An individual appointed as ombudsman shall be an
exempt class employee as defined by section forty-one of the civil
service law and may be removed by the commissioner upon the recommenda-
tion of the president of the board of visitors, for cause after notice
and opportunity for a hearing on the charges.
3. The ombudsman shall be afforded initial training and orientation by
the commission on quality of care and advocacy for persons with disabil-
ities.
4. The director of each developmental center IN EACH DEVELOPMENTAL
DISABILITIES SERVICES OFFICE shall insure that parents, guardians and
correspondents of clients and other interested persons at [the facility]
SUCH DEVELOPMENTAL DISABILITIES SERVICES OFFICES under his OR HER direc-
tion are informed with respect to the existence and duties of the
ombudsman established pursuant to this section by regularly and conspic-
uously posting the name, location and duties of the ombudsman within
such [facility] DEVELOPMENTAL DISABILITIES SERVICES OFFICE.
5. The facility director shall insure that each ombudsman is given
reasonable and private office quarters, including a means of record
keeping, on the grounds of [the facility] SUCH DEVELOPMENTAL DISABILI-
TIES SERVICES OFFICE under his or her direction and that adequate admin-
istrative resources are provided to the ombudsman for the purpose of
carrying out the duties prescribed by this section.
6. No one shall prevent or inhibit the ombudsman from reasonably
executing the powers and duties prescribed by this section.
S 2. This act shall take effect immediately.