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Assembly Bill A5884

2013-2014 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 Assembly Committee

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2013-A5884 (ACTIVE) - Details

Current Committee:
Assembly Mental Health
Law Section:
Mental Hygiene Law
Laws Affected:
Amd ยง16.11, Ment Hyg L
Versions Introduced in Other Legislative Sessions:
2011-2012: A6665
2015-2016: A8493
2017-2018: A5121
2019-2020: A3814

2013-A5884 (ACTIVE) - Summary

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.

2013-A5884 (ACTIVE) - Bill Text download pdf 

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

                                  5884

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              March 8, 2013
                               ___________

Introduced  by M. of A. ORTIZ, ABINANTI, JAFFEE, LIFTON -- read once and
  referred to the Committee on Mental Health

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.
                                                           LBD07521-01-3

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