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Senate Bill S5791

2021-2022 Legislative Session

Relates to increasing the frequency that visitation or inspections of facilities operated or licensed by the office for people with developmental disabilities must be made each year

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Archive: Last Bill Status - In Senate Committee Mental Health Committee

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2021-S5791 (ACTIVE) - Details

Current Committee:
Senate Mental Health
Law Section:
Mental Hygiene Law
Laws Affected:
Amd §16.11, Ment Hyg L
Versions Introduced in Other Legislative Sessions:
2017-2018: S8457
2019-2020: S2441
2023-2024: S2651
2025-2026: S4114

2021-S5791 (ACTIVE) - Summary

Increases the frequency that visitation or inspections of facilities operated or licensed by the office for people with developmental disabilities must be made each year.

2021-S5791 (ACTIVE) - Sponsor Memo

2021-S5791 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5791
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              March 18, 2021
                                ___________
 
 Introduced  by  Sen.  COMRIE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Mental Health
 
 AN ACT to amend the mental hygiene law, in relation  to  increasing  the
   frequency of visitation and inspection of facilities per year
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph 1 of subdivision (a)  of  section  16.11  of  the
 mental  hygiene  law, as added by section 10 of part MM of chapter 58 of
 the laws of 2015, is amended to read as follows:
   (1) The review of facilities issued an operating certificate  pursuant
 to  this  article  shall  include periodic visitation and review of each
 facility. Reviews shall be made as frequently as  the  commissioner  may
 deem  necessary  but  in  any event such inspections shall be made on at
 least [two] THREE occasions during each calendar  year  which  shall  be
 without  prior  notice, provided, however, that where, in the discretion
 of the commissioner, an operating  certificate  has  been  issued  to  a
 program  with  a  history of compliance and a record of providing a high
 quality of care, the periodic inspection and visitation required by this
 subdivision shall be made at least [once]  TWICE  during  each  calendar
 year  provided  such  [visit]  VISITS  shall  be  without  prior notice,
 PROVIDED, HOWEVER, THAT THE COMMISSIONER PROVIDE NOTICE  TO  MEMBERS  OF
 THE  APPLICABLE  BOARD OF VISITORS.  ANY MEMBER OR MEMBERS OF A BOARD OF
 VISITORS, APPOINTED PURSUANT TO SECTION 13.33 OF  THIS  TITLE,  AND  ANY
 OTHER   INDIVIDUAL  OR  INDIVIDUALS  THE  COMMISSIONER  AT  HIS  OR  HER
 DISCRETION APPROVES, MAY ACCOMPANY INSPECTORS DURING THE STATE'S PERIOD-
 IC VISITATIONS AND INSPECTIONS CONDUCTED PURSUANT  TO  THIS  SECTION  AS
 INDEPENDENT  MONITORS. Areas of review shall include, but not be limited
 to, a review of a facility's: physical plant,  fire  safety  procedures,
 health  care,  protective  oversight,  abuse and neglect prevention, and
 reporting procedures.
   § 2.  This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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