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.