Safeguards cash accounts for people with developmental disabilities in a facility under the control of the commissioner of mental health, the commissioner of the office for people with developmental disabilities and the commissioner of alcoholism and substance abuse services.
S T A T E O F N E W Y O R K
________________________________________________________________________
9532
I N A S S E M B L Y
January 19, 2018
___________
Introduced by M. of A. JEAN-PIERRE -- read once and referred to the
Committee on Mental Health
AN ACT to amend the mental hygiene law, in relation to safeguarding cash
accounts for people with developmental disabilities in a facility
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision (f) of section 16.11 of the mental hygiene law
is relettered subdivision (g) and a new subdivision (f) is added to read
as follows:
(F) THE COMMISSIONER SHALL PROVIDE FOR THE OVERSIGHT OF FACILITIES AND
PROVIDERS OF SERVICES HOLDING OPERATING CERTIFICATES PURSUANT TO SECTION
16.03 OF THIS ARTICLE BY:
(1) DEVELOPING A STATEWIDE POLICY MANDATING AUDITS FOR RESIDENTS' CASH
ACCOUNTS INCLUDING THE FREQUENCY OF THE AUDITS, WHO IS RESPONSIBLE FOR
CONDUCTING THE AUDITS, AND POLICIES AND PROCEDURES FOR HOW THE AUDITS
WILL BE CONDUCTED;
(2) DEVELOPING A UNIFORM SYSTEM FOR AUDITS OF RESIDENTS' CASH ACCOUNTS
TO ASSIST SUPERVISORS IN AUDITS;
(3) PROVIDING TRAINING DIRECTLY TO ANYONE REQUIRED TO CONDUCT AUDITS
OF RESIDENTS' CASH ACCOUNTS, INCLUDING INFORMATION REGARDING AUDIT POLI-
CIES AND PRACTICES OF RESIDENTS' CASH ACCOUNTS;
(4) AUTHORIZING THE USE OF BANK AND DEBIT CARDS FOR ALL RESIDENTS'
CASH ACCOUNTS;
(5) DEVELOPING A POLICY ON THE PURCHASE AND USE OF GIFT CARDS BY OR ON
BEHALF OF RESIDENTS, INCLUDING, BUT NOT LIMITED TO, REQUIREMENTS THAT
SUPERVISORY STAFF INCLUDE GIFT CARDS IN RESIDENTS' PERSONAL EXPENDITURE
PLANS AND NOTIFICATION TO SUPERVISORS OF THE PURCHASE OR DELIVERY OF A
GIFT CARD TO A RESIDENT; AND
(6) PROHIBITING THE USE OF SELF-GENERATED RECEIPTS AS EVIDENCE OF A
MEAL PURCHASED BY CASH CUSTODIANS FOR MEALS OUTSIDE THE RESIDENCE.
§ 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law; provided, however, that effective immediate-
ly, 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.
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