Assembly Bill A7312D

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

download bill text pdf

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Archive: Last Bill Status - In Senate Committee Rules Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

2013-A7312 - Details

See Senate Version of this Bill:
S5223
Current Committee:
Senate Rules
Law Section:
Mental Hygiene Law
Laws Affected:
Add §13.04, Ment Hyg L
Versions Introduced in Other Legislative Sessions:
2015-2016: A424, S3634
2017-2018: A5482, S1157
2019-2020: A3150, S3789
2021-2022: A6069, S6695

2013-A7312 - 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.

2013-A7312 - Bill Text download pdf

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

                                  7312

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              May 10, 2013
                               ___________

Introduced by M. of A. ABINANTI -- read once and referred to the Commit-
  tee on Mental Health

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, SIBLING,  GRAND-
PARENT, 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 HEALTH DEPARTMENT'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.
                                                           LBD10708-02-3

              

co-Sponsors

multi-Sponsors

2013-A7312A - Details

See Senate Version of this Bill:
S5223
Current Committee:
Senate Rules
Law Section:
Mental Hygiene Law
Laws Affected:
Add §13.04, Ment Hyg L
Versions Introduced in Other Legislative Sessions:
2015-2016: A424, S3634
2017-2018: A5482, S1157
2019-2020: A3150, S3789
2021-2022: A6069, S6695

2013-A7312A - 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.

2013-A7312A - Bill Text download pdf

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

                                 7312--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              May 10, 2013
                               ___________

Introduced by M. of A. ABINANTI -- read once and referred to the Commit-
  tee  on  Mental  Health -- 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 (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.
                                                           LBD10708-05-3
              

co-Sponsors

multi-Sponsors

2013-A7312B - Details

See Senate Version of this Bill:
S5223
Current Committee:
Senate Rules
Law Section:
Mental Hygiene Law
Laws Affected:
Add §13.04, Ment Hyg L
Versions Introduced in Other Legislative Sessions:
2015-2016: A424, S3634
2017-2018: A5482, S1157
2019-2020: A3150, S3789
2021-2022: A6069, S6695

2013-A7312B - 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.

2013-A7312B - Bill Text download pdf

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

                                 7312--B

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              May 10, 2013
                               ___________

Introduced  by  M.  of  A. ABINANTI, WEISENBERG, GUNTHER, OTIS, ROBERTS,
  PEOPLES-STOKES, RAIA -- Multi-Sponsored by -- M. of A. ARROYO,  CLARK,
  McDONALD, SCHIMEL -- read once and referred to the Committee on Mental
  Health  --  committee  discharged,  bill amended, ordered reprinted as
  amended and recommitted  to  said  committee  --  recommitted  to  the
  Committee  on Mental Health in accordance with Assembly Rule 3, sec. 2
  -- 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-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10708-16-4

              

co-Sponsors

multi-Sponsors

2013-A7312C - Details

See Senate Version of this Bill:
S5223
Current Committee:
Senate Rules
Law Section:
Mental Hygiene Law
Laws Affected:
Add §13.04, Ment Hyg L
Versions Introduced in Other Legislative Sessions:
2015-2016: A424, S3634
2017-2018: A5482, S1157
2019-2020: A3150, S3789
2021-2022: A6069, S6695

2013-A7312C - 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.

2013-A7312C - Bill Text download pdf

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

                                 7312--C

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              May 10, 2013
                               ___________

Introduced  by  M.  of  A. ABINANTI, WEISENBERG, GUNTHER, OTIS, ROBERTS,
  PEOPLES-STOKES, RAIA, McDONALD --  Multi-Sponsored  by  --  M.  of  A.
  ARROYO, CLARK, MAYER, SCHIMEL -- read once and referred to the Commit-
  tee  on  Mental  Health -- committee discharged, bill amended, ordered
  reprinted as amended and recommitted to said committee --  recommitted
  to  the Committee on Mental Health in accordance with Assembly Rule 3,
  sec. 2 -- committee discharged, bill  amended,  ordered  reprinted  as
  amended  and recommitted to said committee -- reported and referred to
  the Committee on Codes -- 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
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-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10708-18-4
              

co-Sponsors

multi-Sponsors

2013-A7312D (ACTIVE) - Details

See Senate Version of this Bill:
S5223
Current Committee:
Senate Rules
Law Section:
Mental Hygiene Law
Laws Affected:
Add §13.04, Ment Hyg L
Versions Introduced in Other Legislative Sessions:
2015-2016: A424, S3634
2017-2018: A5482, S1157
2019-2020: A3150, S3789
2021-2022: A6069, S6695

2013-A7312D (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.

2013-A7312D (ACTIVE) - Bill Text download pdf

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

                                 7312--D

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              May 10, 2013
                               ___________

Introduced  by  M.  of  A. ABINANTI, WEISENBERG, GUNTHER, OTIS, ROBERTS,
  PEOPLES-STOKES, RAIA, McDONALD --  Multi-Sponsored  by  --  M.  of  A.
  ARROYO, CLARK, MAYER, SCHIMEL -- read once and referred to the Commit-
  tee  on  Mental  Health -- committee discharged, bill amended, ordered
  reprinted as amended and recommitted to said committee --  recommitted
  to  the Committee on Mental Health in accordance with Assembly Rule 3,
  sec. 2 -- committee discharged, bill  amended,  ordered  reprinted  as
  amended  and recommitted to said committee -- reported and referred to
  the Committee on Codes -- committee discharged, bill amended,  ordered
  reprinted  as  amended  and  recommitted  to  said  committee -- again
  reported from said committee with  amendments,  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.
                                                           LBD10708-21-4

              

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