NY State Senate Bill S1273A

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
May 05, 2022	referred to ways and means delivered to assembly passed senate
May 04, 2022	advanced to third reading
May 03, 2022	2nd report cal.
May 02, 2022	1st report cal.970
Jan 11, 2022	print number 1273a
Jan 11, 2022	amend and recommit to disabilities
Jan 05, 2022	referred to disabilities returned to senate died in assembly
Feb 10, 2021	referred to mental health delivered to assembly passed senate
Feb 03, 2021	advanced to third reading
Feb 02, 2021	2nd report cal.
Feb 01, 2021	1st report cal.195
Jan 08, 2021	referred to disabilities

Votes

view votes

May 5, 2022 - floor Vote

S1273A

floor

Aye

Nay

Absent

Excused

Abstained

May 2, 2022 - Disabilities committee Vote

S1273A

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Feb 10, 2021 - floor Vote

S1273

floor

Aye

Nay

Absent

Excused

Abstained

Feb 1, 2021 - Disabilities committee Vote

S1273

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Bill Amendments

Original

A (Active)

Original

A (Active)

Co-Sponsors

S1273 - Details

See Assembly Version of this Bill:: A834
Law Section:: Mental Hygiene Law
Laws Affected:: Amd §16.11, Ment Hyg L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S3461, A9532
2019-2020: S1672, A5083
2023-2024: S6433, A1683

S1273 - 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.

S1273 - Sponsor Memo

 
BILL NUMBER: S1273

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
Developmental 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.

 
JUSTIFCATION:

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.

S1273 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1273
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              January 8, 2021
                                ___________
 
 Introduced  by  Sens. BROOKS, GAUGHRAN, KENNEDY, RIVERA, SANDERS -- read
   twice and ordered printed, and when printed to  be  committed  to  the
   Committee on 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) 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.

 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03518-01-1

Co-Sponsors

view additional co-sponsors

S1273A (ACTIVE) - Details

See Assembly Version of this Bill:: A834
Law Section:: Mental Hygiene Law
Laws Affected:: Amd §16.11, Ment Hyg L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S3461, A9532
2019-2020: S1672, A5083
2023-2024: S6433, A1683

S1273A (ACTIVE) - Summary

S1273A (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S1273A

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 direct the commissioner of The Office for
People with Developmental Disabilities to develop additional policies
and procedures for the management of residents' cash accounts.

 
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.

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 standardized training on the management and review of individ-
uals' personal allowance accounts to staff in supervisory positions;
Develop a statewide 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 individuals 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 inventoried upon receipt in the home; and Retrain staff
on the requirement to conduct an inventory at the time of purchase and
to follow proper procedures.



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.

S1273A (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1273--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              January 8, 2021
                                ___________
 
 Introduced by Sens. BROOKS, GAUGHRAN, HELMING, HINCHEY, KENNEDY, MARTUC-
   CI, RIVERA, SANDERS -- read twice and ordered printed, and when print-
   ed  to be committed to the Committee on Disabilities -- recommitted to
   the Committee on Disabilities in accordance with Senate Rule 6, sec. 8
   -- 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  DEVELOP  A UNIFORM STATEWIDE POLICY FOR
 CONDUCTING AUDITS  FOR  RESIDENTS  OF  ARTICLE  SIXTEEN  FACILITIES  FOR
 PERSONAL  ALLOWANCE  AND  CASH  ACCOUNTS.  THE  DEVELOPED POLICIES SHALL
 INCLUDE BUT SHALL NOT BE LIMITED TO:
   (1) THE FREQUENCY OF THE AUDITS, WHO IS RESPONSIBLE FOR CONDUCTING THE
 AUDITS, AND HOW THE AUDITS SHALL BE CONDUCTED;
   (2) TRAINING OF APPROPRIATE STAFF ON CONDUCTING AN AUDIT IN ACCORDANCE
 WITH POLICIES AND PROCEDURES AND APPROPRIATE MANAGEMENT OF A  RESIDENT'S
 PERSONAL ALLOWANCE OR A CASH ACCOUNT;
   (3)  THE PURCHASE AND APPROPRIATE USE OF GIFT CARDS BY OR ON BEHALF OF
 RESIDENTS, INCLUDING, BUT NOT LIMITED TO, DOCUMENTATION REQUIREMENTS  BY
 STAFF,  IN  RELATION  TO  INCLUDING  GIFT CARDS IN A RESIDENT'S PERSONAL
 EXPENDITURE PLAN AND NOTIFICATION TO  SUPERVISORS  OF  THE  PURCHASE  OR
 DELIVERY OF A GIFT CARD TO A RESIDENT; AND
   (4)  TYPE  OF PURCHASES WHICH REQUIRE RECEIPTS OR DOCUMENTATION BY THE
 APPROPRIATE STAFF AS WELL AS WHAT TYPES OF DOCUMENTATION  ARE  APPROPRI-
 ATE.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03518-03-2
 S. 1273--A                          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.

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The New York State Senate

senate Bill S1273A

Sponsored By

Archive: Last Bill Status - Passed Senate

Your Voice

Actions

Votes

May 5, 2022 - floor Vote

Floor Vote: May 5, 2022

May 2, 2022 - Disabilities committee Vote

Disabilities Committee Vote: May 2, 2022

Feb 10, 2021 - floor Vote

Floor Vote: Feb 10, 2021

Feb 1, 2021 - Disabilities committee Vote

Committee Vote: Feb 1, 2021

Bill Amendments

Co-Sponsors

S1273 - Details

S1273 - Summary

S1273 - Sponsor Memo

S1273 - Bill Text download pdf

Co-Sponsors

S1273A (ACTIVE) - Details

S1273A (ACTIVE) - Summary

S1273A (ACTIVE) - Sponsor Memo

S1273A (ACTIVE) - Bill Text download pdf

Comments

senate Bill S1273A

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Sponsored By

Archive: Last Bill Status - Passed Senate

Your Voice

Actions

Votes

May 5, 2022 - floor Vote

Floor Vote: May 5, 2022

May 2, 2022 - Disabilities committee Vote

Disabilities Committee Vote: May 2, 2022

Feb 10, 2021 - floor Vote

Floor Vote: Feb 10, 2021

Feb 1, 2021 - Disabilities committee Vote

Committee Vote: Feb 1, 2021

Bill Amendments

Co-Sponsors

S1273 - Details

S1273 - Summary

S1273 - Sponsor Memo

S1273 - Bill Text download pdf

Co-Sponsors

S1273A (ACTIVE) - Details

S1273A (ACTIVE) - Summary

S1273A (ACTIVE) - Sponsor Memo

S1273A (ACTIVE) - Bill Text download pdf

Comments