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