senate Bill S5223B

2013-2014 Legislative Session

Relates to the creation of a bill of rights for family and guardians of people with developmental disabilities that reside in residences certified or approved by the OPWDD

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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

view actions (12)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 19, 2014 print number 5223d
amend and recommit to finance
May 12, 2014 print number 5223c
amend (t) and recommit to finance
Apr 29, 2014 reported and committed to finance
Jan 08, 2014 referred to mental health and developmental disabilities
Dec 18, 2013 print number 5223b
amend and recommit to finance
Jun 13, 2013 amend and recommit to finance
Jun 13, 2013 print number 5223a
May 22, 2013 reported and committed to finance
May 14, 2013 referred to mental health and developmental disabilities

Votes

view votes

Apr 29, 2014 - Mental Health and Developmental Disabilities committee Vote

S5223B
10
0
committee
10
Aye
0
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Mental Health and Developmental Disabilities committee vote details

Mental Health and Developmental Disabilities Committee Vote: Apr 29, 2014

aye wr (1)

May 22, 2013 - Mental Health and Developmental Disabilities committee Vote

S5223
10
0
committee
10
Aye
0
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Committee Vote: May 22, 2013

aye wr (1)

Bill Amendments

Original
A
B
C
D (Active)
Original
A
B
C
D (Active)

S5223 - Details

Current Committee:
Law Section:
Mental Hygiene Law
Laws Affected:
Add §13.04, Ment Hyg L

S5223 - Summary

Relates to the creation of a bill of rights for family and guardians of people with developmental disabilities that reside in residences certified or approved by the office for people with developmental disabilities.

S5223 - Sponsor Memo

S5223 - Bill Text download pdf

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

                                  5223

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 14, 2013
                               ___________

Introduced  by Sen. CARLUCCI -- read twice and ordered printed, and when
  printed to be committed to the Committee on Mental Health and Develop-
  mental Disabilities

AN ACT to amend the mental hygiene law, in relation to creating  a  bill
  of  rights for family and guardians of people with developmental disa-
  bilities that reside in residences funded, licensed  and  operated  by
  the office for people with developmental disabilities

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The mental hygiene law is amended by adding a  new  section
13.04 to read as follows:
S 13.04 FAMILY BILL OF RIGHTS.
  (A)  THE  PRINCIPLES ENUNCIATED IN SUBDIVISION (C) OF THIS SECTION ARE
DECLARED TO BE THE PUBLIC POLICY OF THE STATE AND A COPY OF SUCH  STATE-
MENT  OF  RIGHTS SHALL BE POSTED CONSPICUOUSLY IN A PUBLIC PLACE IN EACH
RESIDENCE FUNDED, LICENSED AND OPERATED BY THE OFFICE. FOR  PURPOSES  OF
THIS SECTION, "QUALIFIED FAMILY MEMBER" MEANS A PARENT, SPOUSE, SIBLING,
GRANDPARENT, AUNT, UNCLE OR AN ADULT CHILD OF THE RESIDENT.
  (B)  THE  COMMISSIONER SHALL MAKE AVAILABLE TO EVERY RESIDENCE FUNDED,
LICENSED AND OPERATED BY THE OFFICE, ON THE OFFICE'S WEBSITE A  COPY  OF
THE  STATEMENT  OF RIGHTS PROVIDED IN SUBDIVISION (C) OF THIS SECTION IN
THE TOP SIX LANGUAGES OTHER THAN ENGLISH SPOKEN IN THE  STATE  ACCORDING
TO  THE  LATEST AVAILABLE DATA FROM THE U.S. BUREAU OF CENSUS, AND SHALL
ADOPT ANY RULES AND REGULATIONS NECESSARY TO ENSURE THAT SUCH  QUALIFIED
FAMILY  MEMBERS  AND  GUARDIANS  ARE  TREATED  IN  ACCORDANCE  WITH  THE
PROVISIONS OF SUCH STATEMENT.
  (C) THE STATEMENT OF RIGHTS SHALL CONSIST OF THE FOLLOWING:
  "FAMILY BILL OF RIGHTS"
  QUALIFIED FAMILY MEMBERS AND GUARDIANS SHALL HAVE THE FOLLOWING RIGHTS
IN REGARDS TO A RESIDENT WHO RESIDES IN A RESIDENCE FUNDED, OPERATED  OR
LICENSED BY THE OFFICE. THESE RIGHTS SHALL INCLUDE:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10708-04-3

S5223A - Details

Current Committee:
Law Section:
Mental Hygiene Law
Laws Affected:
Add §13.04, Ment Hyg L

S5223A - Summary

Relates to the creation of a bill of rights for family and guardians of people with developmental disabilities that reside in residences certified or approved by the office for people with developmental disabilities.

S5223A - Sponsor Memo

S5223A - Bill Text download pdf

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

                                 5223--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 14, 2013
                               ___________

Introduced  by Sen. CARLUCCI -- read twice and ordered printed, and when
  printed to be committed to the Committee on Mental Health and Develop-
  mental Disabilities -- reported  favorably  from  said  committee  and
  committed  to  the  Committee on Finance -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

AN  ACT  to amend the mental hygiene law, in relation to creating a bill
  of rights for family and guardians of people with developmental  disa-
  bilities  that  reside  in residences funded, licensed and operated by
  the office for people with developmental disabilities

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The mental hygiene law is amended by adding a new section
13.04 to read as follows:
S 13.04 FAMILY BILL OF RIGHTS.
  (A) THE PRINCIPLES ENUNCIATED IN SUBDIVISION (D) OF THIS  SECTION  ARE
DECLARED  TO BE THE PUBLIC POLICY OF THE STATE AND A COPY OF SUCH STATE-
MENT OF RIGHTS SHALL BE POSTED CONSPICUOUSLY IN A PUBLIC PLACE  IN  EACH
PROVIDER  OF  SERVICES  AND  RESIDENTIAL  FACILITY OPERATED, LICENSED OR
FUNDED BY THE OFFICE. FOR PURPOSES OF THIS  SECTION,  "QUALIFIED  FAMILY
MEMBER"  MEANS  A PARENT, SPOUSE, ADULT SIBLING OR AN ADULT CHILD OF THE
RESIDENT.
  (B) THE  COMMISSIONER  SHALL  MAKE  AVAILABLE  TO  EVERY  PROVIDER  OF
SERVICES  AND  RESIDENCE  OPERATED, LICENSED OR FUNDED BY THE OFFICE, ON
THE OFFICE'S WEBSITE A COPY OF  THE  STATEMENT  OF  RIGHTS  PROVIDED  IN
SUBDIVISION  (D)  OF  THIS  SECTION IN ENGLISH AND THE TOP SIX LANGUAGES
OTHER THAN ENGLISH SPOKEN IN THE STATE ACCORDING TO THE LATEST AVAILABLE
DATA FROM THE U.S. BUREAU OF CENSUS, AND SHALL ADOPT ANY RULES AND REGU-
LATIONS NECESSARY TO ENSURE THAT SUCH QUALIFIED FAMILY MEMBERS AND GUAR-
DIANS ARE TREATED IN ACCORDANCE WITH THE PROVISIONS OF SUCH STATEMENT.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10708-12-3

S5223B - Details

Current Committee:
Law Section:
Mental Hygiene Law
Laws Affected:
Add §13.04, Ment Hyg L

S5223B - Summary

Relates to the creation of a bill of rights for family and guardians of people with developmental disabilities that reside in residences certified or approved by the office for people with developmental disabilities.

S5223B - Sponsor Memo

S5223B - Bill Text download pdf

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

                                 5223--B

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 14, 2013
                               ___________

Introduced  by Sen. CARLUCCI -- read twice and ordered printed, and when
  printed to be committed to the Committee on Mental Health and Develop-
  mental Disabilities -- reported  favorably  from  said  committee  and
  committed  to  the  Committee on Finance -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee  --  committee  discharged,  bill  amended,  ordered  reprinted as
  amended and recommitted to said committee

AN ACT to amend the mental hygiene law, in relation to creating  a  bill
  of  rights for family and guardians of people with developmental disa-
  bilities that reside in residences funded, licensed  and  operated  by
  the office for people with developmental disabilities

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The mental hygiene law is amended by adding a  new  section
13.04 to read as follows:
S 13.04 FAMILY BILL OF RIGHTS.
  (A)  THE  PRINCIPLES ENUNCIATED IN SUBDIVISION (D) OF THIS SECTION ARE
DECLARED TO BE THE PUBLIC POLICY OF THE STATE AND A COPY OF SUCH  STATE-
MENT  OF  RIGHTS SHALL BE POSTED CONSPICUOUSLY IN A PUBLIC PLACE IN EACH
PROVIDER OF SERVICES AND  RESIDENTIAL  FACILITY  OPERATED,  LICENSED  OR
FUNDED  BY  THE  OFFICE. FOR PURPOSES OF THIS SECTION, "QUALIFIED FAMILY
MEMBER" MEANS A PARENT, SPOUSE, ADULT SIBLING OR AN ADULT CHILD  OF  THE
RESIDENT.
  (B)  THE  COMMISSIONER  SHALL  MAKE  AVAILABLE  TO  EVERY  PROVIDER OF
SERVICES AND RESIDENCE OPERATED, LICENSED OR FUNDED BY  THE  OFFICE,  ON
THE  OFFICE'S  WEBSITE  A  COPY  OF  THE STATEMENT OF RIGHTS PROVIDED IN
SUBDIVISION (D) OF THIS SECTION IN ENGLISH AND  THE  TOP  SIX  LANGUAGES
OTHER THAN ENGLISH SPOKEN IN THE STATE ACCORDING TO THE LATEST AVAILABLE
DATA FROM THE U.S. BUREAU OF CENSUS, AND SHALL ADOPT ANY RULES AND REGU-
LATIONS NECESSARY TO ENSURE THAT SUCH QUALIFIED FAMILY MEMBERS AND GUAR-
DIANS ARE TREATED IN ACCORDANCE WITH THE PROVISIONS OF SUCH STATEMENT.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10708-15-3

S5223C - Details

Current Committee:
Law Section:
Mental Hygiene Law
Laws Affected:
Add §13.04, Ment Hyg L

S5223C - Summary

Relates to the creation of a bill of rights for family and guardians of people with developmental disabilities that reside in residences certified or approved by the office for people with developmental disabilities.

S5223C - Sponsor Memo

S5223C - Bill Text download pdf

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

                                 5223--C

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 14, 2013
                               ___________

Introduced  by Sen. CARLUCCI -- read twice and ordered printed, and when
  printed to be committed to the Committee on Mental Health and Develop-
  mental Disabilities -- reported  favorably  from  said  committee  and
  committed  to  the  Committee on Finance -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee  --  committee  discharged,  bill  amended,  ordered  reprinted as
  amended and recommitted  to  said  committee  --  recommitted  to  the
  Committee  on  Mental Health and Developmental Disabilities in accord-
  ance with Senate Rule 6,  sec.  8  --  reported  favorably  from  said
  committee  and  committed  to  the  Committee  on Finance -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the mental hygiene law, in relation to creating  a  bill
  of  rights for family and guardians of people with developmental disa-
  bilities that reside in residences certified or approved by the office
  for people with developmental disabilities

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The mental hygiene law is amended by adding a new section
13.04 to read as follows:
S 13.04 FAMILY BILL OF RIGHTS.
  (A) THE PRINCIPLES ENUNCIATED IN SUBDIVISION (D) OF THIS  SECTION  ARE
DECLARED  TO BE THE PUBLIC POLICY OF THE STATE AND A COPY OF SUCH STATE-
MENT OF RIGHTS SHALL BE POSTED CONSPICUOUSLY IN A PUBLIC PLACE  IN  EACH
PROVIDER  OF  SERVICES AND RESIDENTIAL FACILITY CERTIFIED OR APPROVED BY
THE OFFICE. FOR PURPOSES OF  THIS  SECTION,  "QUALIFIED  FAMILY  MEMBER"
MEANS A PARENT, SPOUSE, ADULT SIBLING OR AN ADULT CHILD OF THE RESIDENT.
  (B)  THE  COMMISSIONER  SHALL  MAKE  AVAILABLE  TO  EVERY  PROVIDER OF
SERVICES AND RESIDENCE OPERATED, LICENSED OR FUNDED BY  THE  OFFICE,  ON
THE  OFFICE'S  WEBSITE  A  COPY  OF  THE STATEMENT OF RIGHTS PROVIDED IN
SUBDIVISION (D) OF THIS SECTION IN ENGLISH AND  THE  TOP  SIX  LANGUAGES

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10708-17-4

S5223D (ACTIVE) - Details

Current Committee:
Law Section:
Mental Hygiene Law
Laws Affected:
Add §13.04, Ment Hyg L

S5223D (ACTIVE) - Summary

Relates to the creation of a bill of rights for family and guardians of people with developmental disabilities that reside in residences certified or approved by the office for people with developmental disabilities.

S5223D (ACTIVE) - Sponsor Memo

S5223D (ACTIVE) - Bill Text download pdf

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

                                 5223--D

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 14, 2013
                               ___________

Introduced  by Sen. CARLUCCI -- read twice and ordered printed, and when
  printed to be committed to the Committee on Mental Health and Develop-
  mental Disabilities -- reported  favorably  from  said  committee  and
  committed  to  the  Committee on Finance -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee  --  committee  discharged,  bill  amended,  ordered  reprinted as
  amended and recommitted  to  said  committee  --  recommitted  to  the
  Committee  on  Mental Health and Developmental Disabilities in accord-
  ance with Senate Rule 6,  sec.  8  --  reported  favorably  from  said
  committee  and  committed  to  the  Committee  on Finance -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee  --  committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

AN  ACT  to amend the mental hygiene law, in relation to creating a bill
  of rights for family and guardians of people with developmental  disa-
  bilities that reside in residences certified or approved by the office
  for people with developmental disabilities

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The mental hygiene law is amended by adding a  new  section
13.04 to read as follows:
S 13.04 FAMILY BILL OF RIGHTS AND PRIVILEGES.
  (A)  THE  PRINCIPLES IN THE BILL OF RIGHTS AND PRIVILEGES SET FORTH IN
THIS SECTION ARE DECLARED TO BE  THE PUBLIC POLICY OF THE STATE.
  (B) FOR PURPOSES OF THIS SECTION:
  (1) "QUALIFIED PERSONAL REPRESENTATIVE" MEANS A SPOUSE, PARENT,  ADULT
CHILD,  ADULT  SIBLING,  LEGAL GUARDIAN OR PERSONAL REPRESENTATIVE OF AN
INDIVIDUAL WITH DEVELOPMENTAL DISABILITIES  WHO  IS  RECEIVING  SERVICES
FROM A COVERED PROVIDER.
  (2)  "COVERED PROVIDER" MEANS AND INCLUDES ANY ENTITY, PROVIDING RESI-
DENTIAL SERVICES OR NON-RESIDENTIAL  SERVICES OR PROGRAMS TO ONE OR MORE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10708-22-4

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