Bill Text: NY A09126 | 2011-2012 | General Assembly | Introduced
Bill Title: Changes references from developmental centers to developmental disabilities services offices in relation to on-site client advocacy.
Spectrum: Slight Partisan Bill (Democrat 20-11)
Status: (Introduced - Dead) 2012-05-03 - enacting clause stricken [A09126 Detail]
Download: New_York-2011-A09126-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
9126
I N A S S E M B L Y
January 25, 2012
___________
Introduced by M. of A. WEISENBERG, P. RIVERA, JAFFEE, McKEVITT, CASTRO,
ORTIZ, CERETTO, SCHIMEL, STEVENSON, ROSENTHAL, RAIA, CURRAN, COLTON,
GUNTHER, COOK, GRAF, TOBACCO, RA -- Multi-Sponsored by -- M. of A.
CAHILL, CROUCH, DUPREY, GIBSON, GOTTFRIED, RYAN, SAYWARD, SWEENEY,
THIELE -- read once and referred to the Committee on Mental Health
AN ACT to amend the mental hygiene law, in relation to developmental
disabilities services offices
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Section 13.34 of the mental hygiene law, as added by chap-
2 ter 57 of the laws of 1987, subdivisions 1, 2 and 3 as amended by chap-
3 ter 542 of the laws of 2011, is amended to read as follows:
4 S 13.34 On-site client advocacy in [developmental centers] DEVELOPMENTAL
5 DISABILITIES SERVICES OFFICES.
6 1. There shall be at each [developmental center facility] DEVELOP-
7 MENTAL DISABILITIES SERVICES OFFICE listed in section 13.17 of this
8 article, an ombudsman who shall be an employee of the commission on
9 quality of care and advocacy for persons with disabilities under article
10 forty-five of this chapter and who shall be responsible for receiving
11 and responding to any complaints regarding individual clients residing
12 in such [facility] DEVELOPMENTAL DISABILITIES SERVICES OFFICE. The
13 ombudsman shall have the following powers and duties:
14 i. to advise and consult with parents, guardians, correspondents and
15 other interested persons with respect to any complaints, or issues
16 related to the conditions of clients' residents;
17 ii. to review and attempt to remedy specific complaints with responsi-
18 ble and appropriate staff;
19 iii. where it appears that care has not been rendered as required by
20 applicable standards to refer the complaint to the appropriate agency or
21 body for its attention;
22 iv. to receive and keep confidential any complaint, information or
23 inquiry from any source. The records of the ombudsman shall be confiden-
24 tial, and shall not be available to the public;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14030-01-2
A. 9126 2
1 v. to advise and consult with the board of visitors of the develop-
2 mental center IN EACH DEVELOPMENTAL DISABILITIES SERVICES OFFICE served
3 by the ombudsman with respect to any complaints or issues relating to
4 conditions of client's residence and to regularly attend the meetings of
5 such board; and
6 vi. to meet with the commissioner, or a representative of the commis-
7 sioner, on a quarterly basis regarding systemic issues in the ombuds-
8 man's jurisdiction.
9 2. The president of the board of visitors of each developmental center
10 facility IN EACH DEVELOPMENTAL DISABILITIES SERVICES OFFICE listed in
11 section 13.17 of this article, shall, in consultation with the members
12 of such board, recommend three persons to serve as ombudsman at the
13 [facility] DEVELOPMENTAL DISABILITIES SERVICES OFFICE. In making such
14 recommendation, the president shall also consider the expressed opinion
15 of parents, guardians and correspondents of clients residing [at such
16 facility] IN SUCH DEVELOPMENTAL DISABILITIES SERVICES OFFICE. The
17 persons so recommended as ombudsman shall have expressed an active
18 interest or shall have had professional knowledge in advocating for
19 persons who are mentally disabled. The commission on quality of care and
20 advocacy for persons with disabilities shall select one of the recom-
21 mended persons as ombudsman. The ombudsman may only be removed from
22 office for just cause. An individual appointed as ombudsman shall be an
23 exempt class employee as defined by section forty-one of the civil
24 service law and may be removed by the commissioner upon the recommenda-
25 tion of the president of the board of visitors, for cause after notice
26 and opportunity for a hearing on the charges.
27 3. The ombudsman shall be afforded initial training and orientation by
28 the commission on quality of care and advocacy for persons with disabil-
29 ities.
30 4. The director of each developmental center IN EACH DEVELOPMENTAL
31 DISABILITIES SERVICES OFFICE shall insure that parents, guardians and
32 correspondents of clients and other interested persons at [the facility]
33 SUCH DEVELOPMENTAL DISABILITIES SERVICES OFFICES under his OR HER direc-
34 tion are informed with respect to the existence and duties of the
35 ombudsman established pursuant to this section by regularly and conspic-
36 uously posting the name, location and duties of the ombudsman within
37 such [facility] DEVELOPMENTAL DISABILITIES SERVICES OFFICE.
38 5. The facility director shall insure that each ombudsman is given
39 reasonable and private office quarters, including a means of record
40 keeping, on the grounds of [the facility] SUCH DEVELOPMENTAL DISABILI-
41 TIES SERVICES OFFICE under his or her direction and that adequate admin-
42 istrative resources are provided to the ombudsman for the purpose of
43 carrying out the duties prescribed by this section.
44 6. No one shall prevent or inhibit the ombudsman from reasonably
45 executing the powers and duties prescribed by this section.
46 S 2. This act shall take effect immediately.
