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Assembly Bill A834A

2021-2022 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

2021-A834 - Details

See Senate Version of this Bill:
S1273
Current Committee:
Assembly Ways And Means
Law Section:
Mental Hygiene Law
Laws Affected:
Amd §16.11, Ment Hyg L
Versions Introduced in Other Legislative Sessions:
2017-2018: A9532, S3461
2019-2020: A5083, S1672
2023-2024: A1683, S6433
2025-2026: A4637, S4775

2021-A834 - 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.

2021-A834 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    834
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 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) 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

co-Sponsors

2021-A834A (ACTIVE) - Details

See Senate Version of this Bill:
S1273
Current Committee:
Assembly Ways And Means
Law Section:
Mental Hygiene Law
Laws Affected:
Amd §16.11, Ment Hyg L
Versions Introduced in Other Legislative Sessions:
2017-2018: A9532, S3461
2019-2020: A5083, S1672
2023-2024: A1683, S6433
2025-2026: A4637, S4775

2021-A834A (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.

2021-A834A (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  834--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  M. of A. JEAN-PIERRE, VANEL -- read once and referred to
   the Committee on Mental Health --  recommitted  to  the  Committee  on
   Mental  Health in accordance with Assembly Rule 3, sec. 2 -- 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.
                                                            LBD03518-02-2

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