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