Bill Text: NY A06665 | 2011-2012 | General Assembly | Amended


Bill Title: 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.

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Engrossed - Dead) 2012-05-01 - reported referred to ways and means [A06665 Detail]

Download: New_York-2011-A06665-Amended.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        6665--A
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                    March 24, 2011
                                      ___________
       Introduced  by M. of A. ORTIZ, ABINANTI, JAFFEE, LIFTON -- read once and
         referred to the Committee on Mental Health -- reported and referred to
         the Committee on Ways and Means -- committee discharged, bill amended,
         ordered reprinted as amended and recommitted to said committee
       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:
    1    Section 1. Subdivision (a) of section 16.11 of the mental hygiene law,
    2  as amended by chapter 214 of the laws of 1993, is  amended  to  read  as
    3  follows:
    4    (a)  The  commissioner  shall  provide for the periodic visitation and
    5  inspection of each facility. Inspections shall be made as frequently  as
    6  the  commissioner  may  deem necessary but in any event such inspections
    7  shall be made on at least [two] THREE  occasions  during  each  calendar
    8  year[,  at  least one of] which shall be without prior notice, provided,
    9  however, that where, in the discretion of the commissioner, an operating
   10  certificate has been issued to a program with a  history  of  compliance
   11  and  a  record  of  providing  a  high  quality  of  care,  the periodic
   12  inspection and visitation required by this subdivision shall be made  at
   13  least  [once]  TWICE  during  each  calendar  year provided such [visit]
   14  VISITS shall be  without  prior  notice,  PROVIDED,  HOWEVER,  THAT  THE
   15  COMMISSIONER  PROVIDE NOTICE TO MEMBERS OF THE APPLICABLE BOARD OF VISI-
   16  TORS.  ANY MEMBER OR MEMBERS OF A BOARD OF VISITORS, APPOINTED  PURSUANT
   17  TO  SECTION 13.33 OF THIS TITLE, AND ANY OTHER INDIVIDUAL OR INDIVIDUALS
   18  THE COMMISSIONER AT  HIS  OR  HER  DISCRETION  APPROVES,  MAY  ACCOMPANY
   19  INSPECTORS  DURING  THE  STATE'S  PERIODIC  VISITATIONS  AND INSPECTIONS
   20  CONDUCTED PURSUANT TO THIS SECTION AS INDEPENDENT MONITORS.
   21    S 2.  This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08759-02-1
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