Senate Bill S3461

                                 BILL NUMBER:  S3461

 TITLE OF BILL :  An act to amend the mental hygiene law, in relation
to safeguarding cash accounts for people with developmental
disabilities in a facility

 PURPOSE OR GENERAL IDEA OF BILL :

Requires OPWDD Commissioner to develop additional policies and
procedures for the management of residents' cash accounts.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1 of the bill adds language that requires the Commissioner of
OPWDD to develop guidance, policies and procedures about the
management of residents' cash accounts for every facility that
provides services for people with developmental disabilities and holds
an operating certificate from New York State. Specifically, the
Commissioner must:

1) Develop a statewide policy mandating audits for residents' cash
accounts;

2) Develop a uniform system for audits of residents' cash accounts to
assist supervisors in audits;

              

3) Provide training on audit procedures for anyone who would conduct
the audits;

4) Authorize the use of bank and debit cards for all residents' cash
accounts;

5) Develop a policy on the purchase and use of gift cards by or on
behalf of residents;

6) Prohibit the use of self-generated receipts as evidence of a meal
purchased by cash custodians for meals outside the residence.

Section 2 of the bill provides the effective date.

 JUSTIFICATION :

Under New York State law, residents who live in individualized
residential alternatives (such as community residences) and family
care home settings are entitled to personal allowance accounts that
the resident can use for personal expenses such as personal shopping,
entertainment, vacation, home and family visits.  Staff members who
assist residents with their purchases must comply with the Personal
Expenditure Plan.

In October 2016, Inspector General Catherine Leahy Scott released the
results of an investigation of personal allowance accounts maintained
by OPWDD on behalf of OPWDD residents. The Inspector General's office
investigated ten instances of mismanagement of cash accounts
maintained by OPWDD and concluded that OPWDD's current policies
regarding the management of personal allowance accounts fails to
adequately safeguard residents' personal allowance accounts.

Among other things, the report found that residents' personal
allowance accounts were "pilfered" by OPWDD employees because of
inadequate safeguards and oversight of the accounts by supervisors and
OPWDD. The Report recommended OPWDD take the following actions:
Provide standardized training on the management and review of
individuals' personal allowance accounts to staff in supervisory
positions; Develop a statewide approach to implement the use of debit
cards for individuals' personal allowance accounts and a policy on
their use; Issue a policy on the process for purchasing, recording and
using gift cards for individuals in its care; Reinforce the
requirement of an original receipt from the vendor documenting a
transaction for out-of-residence mean purchases; Reinforce existing
policy requiring purchases to be inventoried upon receipt in the home;
and Retrain staff on the requirement to conduct an inventory at the
time of purchase and to follow proper procedures.

This bill would require OPWDD to implement the recommendations made in
the Inspector General Report in order to better safeguard OPWDD
residents' personal allowance accounts.

 PRIOR LEGISLATIVE HISTORY :

New bill

 FISCAL IMPLICATIONS :

Minimal.

 EFFECTIVE DATE :
120 days after it shall have become a law; provided however, that
effective immediately, the addition, amendment, and/or repeal of any
rule or regulation necessary for the implementation of this act on its
effective date are authorized to be made and completed on or before
such effective date.