The New York State Senate

                    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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08756-01-7