Senate Bill S1273A

2021-2022 Legislative Session

Safeguards cash accounts for people with developmental disabilities in a facility

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Actions
Votes

Bill Amendments

co-Sponsors

2021-S1273 - Details

See Assembly Version of this Bill:
A834
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: S3461, A9532
2019-2020: S1672, A5083
2023-2024: S6433, A1683

2021-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.

2021-S1273 - Sponsor Memo

2021-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.
              

co-Sponsors

2021-S1273A (ACTIVE) - Details

See Assembly Version of this Bill:
A834
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: S3461, A9532
2019-2020: S1672, A5083
2023-2024: S6433, A1683

2021-S1273A (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-S1273A (ACTIVE) - Sponsor Memo

2021-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
              

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