NY State Senate Bill S1672

Archive: Last Bill Status - Passed Senate

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed/Vetoed by Governor

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Actions

view actions (18)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jul 21, 2020	referred to mental health delivered to assembly passed senate
Mar 29, 2020	advanced to third reading
Mar 18, 2020	2nd report cal.
Mar 11, 2020	1st report cal.612
Jan 08, 2020	referred to mental health and developmental disabilities returned to senate died in assembly
May 29, 2019	referred to mental health delivered to assembly passed senate
May 01, 2019	amended on third reading 1672a
Apr 29, 2019	advanced to third reading
Apr 10, 2019	2nd report cal.
Apr 09, 2019	1st report cal.422
Jan 28, 2019	reported and committed to finance
Jan 15, 2019	referred to mental health and developmental disabilities

Votes

view votes

Jul 21, 2020 - floor Vote

S1672A

floor

Aye

Nay

Absent

Excused

Abstained

Mar 11, 2020 - Mental Health committee Vote

S1672A

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

show committee vote details

Committee Vote: Mar 11, 2020

aye (6)

aye wr (1)

Serino

May 29, 2019 - floor Vote

S1672A

floor

Aye

Nay

Absent

Excused

Abstained

Apr 9, 2019 - Finance committee Vote

S1672

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Jan 28, 2019 - Mental Health committee Vote

S1672

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Bill Amendments

Original

A (Active)

Original

A (Active)

Co-Sponsors

S1672 - Details

See Assembly Version of this Bill:: A5083
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: S3461, A9532
2021-2022: S1273, A834
2023-2024: S6433, A1683

S1672 - 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.

S1672 - Sponsor Memo

 
BILL NUMBER: S1672

SPONSOR: BROOKS
 
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:

The purpose of this bill is to establish a uniform set of procedures and
guidelines for the management of cash accounts for residents who live in
individualized residential alternatives.

 
SUMMARY OF PROVISIONS:

Section 1. directs the commissioner of the Office for People With Devel-
opmental Disabilities to provide for the oversight of facilities and
providers of services under section 16.03 of the mental hygiene law
relating to the management of the cash accounts of residents.  Oversight
of resident's cash accounts shall include a statewide policy mandating

audits, authorizing the use of bank and debit cards for all residents,
policies governing the purchase of gift cards, and prohibiting the use
of self-generated receipts as evidence of meal purchases by cash custo-
dians for meals outside of the residence.

Section 2. is the enacting clause.

 
JUSTIFICATION:

Under New York State law, residents who live in individualized residen-
tial 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 safe-
guards and oversight of the accounts by supervisors and OPWDD. The
report recommended OPWDD take the following actions:  Provide standard-
ized training on the management and review of individuals' personal
allowance accounts to staff in supervisory positions; Develop a state-
wide 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 individ-
uals 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 invento-
ried upon receipt in the home; and Retrain staff on the requirement to

conduct an inventory at the time of purchase and to follow proper proce-
dures.

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

 
FISCAL IMPLICATIONS:

To be determined

 
EFFECTIVE DATE:
This act shall take effect on the one hundred twentieth day after it
shall have become a law; provided, however, that effective immediately,
the addition, amendment and/or repeal of any rule or regulation neces-
sary for the implementation of this act on its effective date are
authorized to be made and completed on or before such effective date.

S1672 - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1672

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                            January 15, 2019
                               ___________

Introduced  by  Sen.  BROOKS -- read twice and ordered printed, and when
  printed to be committed to the Committee on Mental Health and Develop-
  mental Disabilities

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

S. 1672                             2

  § 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.

Co-Sponsors

S1672A (ACTIVE) - Details

See Assembly Version of this Bill:: A5083
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: S3461, A9532
2021-2022: S1273, A834
2023-2024: S6433, A1683

S1672A (ACTIVE) - Summary

S1672A (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S1672A

SPONSOR: BROOKS
 
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:

The purpose of this bill is to establish a uniform set of procedures and
guidelines for the management of cash accounts for residents who live in
individualized residential alternatives.

 
SUMMARY OF PROVISIONS:

Section 1. directs the commissioner of the Office for People With Devel-
opmental Disabilities to provide for the oversight of facilities and
providers of services under section 16.03 of the mental hygiene law
relating to the management of the cash accounts of residents.  Oversight
of resident's cash accounts shall include a statewide policy mandating
audits, policies governing the purchase of gift cards, and prohibiting

the use of self-generated receipts as evidence of meal purchases by cash
custodians for meals outside of the residence.

Section 2. is the enacting clause

 
JUSTIFICATION:

Under New York State law, residents who live in individualized residen-
tial 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 safe-
guards and oversight of the accounts by supervisors and OPWDD. The
report recommended OPWDD take the following actions:  Provide standard-
ized training on the management and review of individuals' personal
allowance accounts to staff in supervisory positions; Develop a state-
wide 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 individ-
uals 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 invento-
ried upon receipt in the home; and Retrain staff on the requirement to
conduct an inventory at the time of purchase and to follow proper proce-
dures.

This bill would require OPWDD to implement the recommendations made in
the Inspector General Report in order to better safeguard OPWDD resi-
dents' personal allowance accounts, though recommendations regarding
debit card use are being pursued in separate legislation.

 
FISCAL IMPLICATIONS:

None to the state

 
LOCAL FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

S1672A (ACTIVE) - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 1672--A
    Cal. No. 422

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                            January 15, 2019
                               ___________

Introduced  by  Sens. BROOKS, KENNEDY, RIVERA, SANDERS -- read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Mental  Health  and  Developmental  Disabilities -- reported favorably
  from said committee and committed  to  the  Committee  on  Finance  --
  reported  favorably  from  said committee, ordered to first and second
  report, ordered to a third reading,  amended  and  ordered  reprinted,
  retaining its place in the order of third reading

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                      [ ] is old law to be omitted.
                                                           LBD06816-02-9

S. 1672--A                          2

  (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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The New York State Senate

senate Bill S1672

Sponsored By

Archive: Last Bill Status - Passed Senate

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Votes

Jul 21, 2020 - floor Vote

Floor Vote: Jul 21, 2020

Mar 11, 2020 - Mental Health committee Vote

Committee Vote: Mar 11, 2020

May 29, 2019 - floor Vote

Floor Vote: May 29, 2019

Apr 9, 2019 - Finance committee Vote

Finance Committee Vote: Apr 9, 2019

Jan 28, 2019 - Mental Health committee Vote

Mental Health Committee Vote: Jan 28, 2019

Bill Amendments

Co-Sponsors

S1672 - Details

S1672 - Summary

S1672 - Sponsor Memo

S1672 - Bill Text download pdf

Co-Sponsors

S1672A (ACTIVE) - Details

S1672A (ACTIVE) - Summary

S1672A (ACTIVE) - Sponsor Memo

S1672A (ACTIVE) - Bill Text download pdf

Comments

senate Bill S1672

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Archive: Last Bill Status - Passed Senate

Your Voice

Actions

Votes

Jul 21, 2020 - floor Vote

Floor Vote: Jul 21, 2020

Mar 11, 2020 - Mental Health committee Vote

Committee Vote: Mar 11, 2020

May 29, 2019 - floor Vote

Floor Vote: May 29, 2019

Apr 9, 2019 - Finance committee Vote

Finance Committee Vote: Apr 9, 2019

Jan 28, 2019 - Mental Health committee Vote

Mental Health Committee Vote: Jan 28, 2019

Bill Amendments

Co-Sponsors

S1672 - Details

S1672 - Summary

S1672 - Sponsor Memo

S1672 - Bill Text download pdf

Co-Sponsors

S1672A (ACTIVE) - Details

S1672A (ACTIVE) - Summary

S1672A (ACTIVE) - Sponsor Memo

S1672A (ACTIVE) - Bill Text download pdf

Comments