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Assembly Bill A5083A

2019-2020 Legislative Session

Safeguards cash accounts for people with developmental disabilities in a facility

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Archive: Last Bill Status - In Assembly Committee

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Bill Amendments

co-Sponsors

2019-A5083 - Details

See Senate Version of this Bill:
S1672
Current Committee:
Assembly Mental Health
Law Section:
Mental Hygiene Law
Laws Affected:
Amd §16.11, Ment Hyg L
Versions Introduced in Other Legislative Sessions:
2017-2018: A9532, S3461
2021-2022: A834, S1273
2023-2024: A1683, S6433
2025-2026: A4637, S4775

2019-A5083 - Summary

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.

2019-A5083 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5083
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 7, 2019
                                ___________
 
 Introduced  by  M. of A. JEAN-PIERRE, VANEL -- 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06816-01-9

co-Sponsors

2019-A5083A (ACTIVE) - Details

See Senate Version of this Bill:
S1672
Current Committee:
Assembly Mental Health
Law Section:
Mental Hygiene Law
Laws Affected:
Amd §16.11, Ment Hyg L
Versions Introduced in Other Legislative Sessions:
2017-2018: A9532, S3461
2021-2022: A834, S1273
2023-2024: A1683, S6433
2025-2026: A4637, S4775

2019-A5083A (ACTIVE) - Summary

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.

2019-A5083A (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5083--A
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 7, 2019
                                ___________
 
 Introduced  by  M. of A. JEAN-PIERRE, VANEL -- read once and referred to
   the Committee 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 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) 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
   (5)  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.  Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date are authorized to be  made  and
 completed on or before such effective date.

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