Bill Text: NY A00870 | 2011-2012 | General Assembly | Introduced
Bill Title: Requires that the Office of Mental Health and the Office for People With Developmental Disabilities give consideration to the fiscal management practices of an applicant to operate a mental hygiene facility or program as part of the review of such individual's character and competence.
Spectrum: Partisan Bill (Democrat 8-0)
Status: (Engrossed - Dead) 2011-03-03 - REFERRED TO MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES [A00870 Detail]
Download: New_York-2011-A00870-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 870 2011-2012 Regular Sessions I N A S S E M B L Y (PREFILED) January 5, 2011 ___________ Introduced by M. of A. DESTITO, WEISENBERG, SCHROEDER -- Multi-Sponsored by -- M. of A. ENGLEBRIGHT, GALEF, McENENY, PHEFFER -- read once and referred to the Committee on Mental Health AN ACT to amend the mental hygiene law, in relation to review of a provider's previous financial practices THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Paragraph 2 of subdivision (c) of section 16.05 of the 2 mental hygiene law, as added by chapter 786 of the laws of 1983, is 3 amended to read as follows: 4 (2) The character, competence [and], standing in the community, AND 5 FISCAL MANAGEMENT PRACTICES RELATED TO THE OPERATION OF A MENTAL HYGIENE 6 FACILITY OR PROGRAM AND OTHER PROGRAMS OR FACILITIES UNDER THE JURISDIC- 7 TION OF AN AGENCY OTHER THAN THE DEPARTMENT AS DESCRIBED IN PARAGRAPH 8 FIVE OF THIS SUBDIVISION of the person or entity INCLUDING MEMBERS OF 9 THE BOARD OF DIRECTORS responsible for operating the facility; 10 S 2. Paragraph 3 of subdivision (d) of section 16.05 of the mental 11 hygiene law, as added by chapter 618 of the laws of 1990, is amended to 12 read as follows: 13 (3) the ability of the operator to provide the services required by 14 the operating certificate as demonstrated by the operator's FISCAL 15 MANAGEMENT PRACTICES RELATED TO THE OPERATION OF SUCH FACILITY OR 16 PROGRAM AND compliance with applicable laws and regulations within the 17 previous ten years; 18 S 3. Subdivision (b) of section 31.22 of the mental hygiene law, as 19 amended by chapter 75 of the laws of 2006, is amended to read as 20 follows: 21 (b) An application for approval of the proposed certificate of incor- 22 poration or articles of organization shall be filed with the commission- EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01695-01-1 A. 870 2 1 er together with such other forms and information as shall be prescribed 2 by, or acceptable to, the commissioner. 3 The commissioner shall not approve a certificate of incorporation or 4 articles of organization or grant an operating certificate unless he is 5 satisfied, insofar as applicable, as to (1) the public need for the 6 services or the facility which the proposed corporation or proposed 7 provider of services is empowered to perform or maintain at the time and 8 place and under the circumstances proposed; (2) the character, compe- 9 tence [and], standing in the community, AND FISCAL MANAGEMENT PRACTICES 10 RELATED TO THE OPERATION OF A MENTAL HYGIENE FACILITY OR PROGRAM AND 11 OTHER PROGRAMS OR FACILITIES AS DESCRIBED BY THIS SUBDIVISION WHICH ARE 12 UNDER THE JURISDICTION OF AN AGENCY OTHER THAN THE DEPARTMENT of the 13 proposed incorporators, directors, sponsors, stockholders, members, 14 managers, partners, or operators, provided that in making such determi- 15 nation the commissioner is authorized to consider whether or not, within 16 ten years of the date of the application, any such persons have been 17 denied renewal for cause of an operating certificate, or have had an 18 operating certificate revoked or suspended for cause, and such denial, 19 revocation or suspension was not reversed after an administrative hear- 20 ing or other appeal, for a program or facility licensed or operated by a 21 health, mental hygiene, social services or education agency or depart- 22 ment of this or any state or have failed to operate a program serving 23 the mentally disabled, other disabled persons as defined in subdivision 24 twenty-one of section two hundred ninety-two of the executive law, the 25 aged, children or other persons receiving health, mental hygiene, resi- 26 dential, social or educational services in continuous compliance with 27 applicable laws or regulations within the previous ten years in any 28 state; (3) the financial resources of the proposed corporation or 29 proposed provider of services and its sources of future revenues; (4) 30 the availability of facilities or services which may serve as alternates 31 or substitutes for the facility or services which the proposed corpo- 32 ration or proposed provider of services is empowered to maintain or 33 render; (5) such other matters as he shall deem pertinent in the public 34 interest. The commissioner in approving the proposed certificate of 35 incorporation or articles of organization or issuing the proposed oper- 36 ating certificate may request and consider information and advice from 37 all available sources including local and regional mental health and 38 health planning agencies and groups as to the matters set forth herein. 39 If the commissioner proposes to disapprove the application he shall 40 afford the applicant an opportunity to request a public hearing. The 41 commissioner shall not take any action contrary to the advice of the 42 health systems agency for facilities other than community residences or 43 residential care centers for adults until he affords an opportunity to 44 the agency to request a public hearing and, if so requested, a public 45 hearing shall be held. The commissioner, on his own motion, may hold a 46 public hearing on the application. Any public hearings held pursuant to 47 this subdivision may be conducted by the commissioner or by an individ- 48 ual designated by the commissioner. 49 S 4. This act shall take effect on the first of January next succeed- 50 ing the date on which it shall have become a law.