Bill Text: NY A08493 | 2015-2016 | General Assembly | Introduced

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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 4-0)

Status: (Introduced - Dead) 2016-01-06 - referred to mental health [A08493 Detail]

Download: New_York-2015-A08493-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         8493
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                    October 9, 2015
                                      ___________
       Introduced  by M. of A. ORTIZ, ABINANTI, JAFFEE, LIFTON -- read once and
         referred to the Committee on Mental Health
       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. Paragraph 1 of subdivision (a)  of  section  16.11  of  the
    2  mental  hygiene  law, as added by section 10 of part MM of chapter 58 of
    3  the laws of 2015, is amended to read as follows:
    4    (1) The review of facilities issued an operating certificate  pursuant
    5  to  this  article  shall  include periodic visitation and review of each
    6  facility. Reviews shall be made as frequently as  the  commissioner  may
    7  deem  necessary  but  in  any event such inspections shall be made on at
    8  least [two] THREE occasions during each calendar  year  which  shall  be
    9  without  prior  notice, provided, however, that where, in the discretion
   10  of the commissioner, an operating  certificate  has  been  issued  to  a
   11  program  with  a  history of compliance and a record of providing a high
   12  quality of care, the periodic inspection and visitation required by this
   13  subdivision shall be made at least [once]  TWICE  during  each  calendar
   14  year  provided  such  [visit]  VISITS  shall  be  without  prior notice,
   15  PROVIDED, HOWEVER, THAT THE COMMISSIONER PROVIDE NOTICE  TO  MEMBERS  OF
   16  THE  APPLICABLE  BOARD OF VISITORS.  ANY MEMBER OR MEMBERS OF A BOARD OF
   17  VISITORS, APPOINTED PURSUANT TO SECTION 13.33 OF  THIS  TITLE,  AND  ANY
   18  OTHER   INDIVIDUAL  OR  INDIVIDUALS  THE  COMMISSIONER  AT  HIS  OR  HER
   19  DISCRETION APPROVES, MAY ACCOMPANY INSPECTORS DURING THE STATE'S PERIOD-
   20  IC VISITATIONS AND INSPECTIONS CONDUCTED PURSUANT  TO  THIS  SECTION  AS
   21  INDEPENDENT  MONITORS. Areas of review shall include, but not be limited
   22  to, a review of a facility's: physical plant,  fire  safety  procedures,
   23  health  care,  protective  oversight,  abuse and neglect prevention, and
   24  reporting procedures.
   25    S 2.  This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04330-02-5