Senate Bill S6619

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

                                  6619

                            I N  S E N A T E

                              March 5, 2012
                               ___________

Introduced  by Sens. McDONALD, LARKIN, MAZIARZ -- read twice and ordered
  printed, and when printed to be committed to the Committee  on  Mental
  Health and Developmental Disabilities

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;
  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

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

                                                           LBD14030-01-2

S. 6619                             2

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.