Bill Text: NY A09825 | 2009-2010 | General Assembly | Amended

New York Assembly Bill 9825 (Prior Session Legislation)

Amended

Bill Title: Requires the establishment of procedures or mechanisms to receive allegations of abuse or mistreatment of patients served by programs licensed or operated under the mental hygiene law; includes allegations received anonymously; requires toll-free number.

Spectrum: Slight Partisan Bill (Democrat 36-18)

Status: (Passed) 2010-07-15 - signed chap.192 [A09825 Detail]

Download: New_York-2009-A09825-Amended.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        9825--A
                                 I N  A S S E M B L Y
                                   February 2, 2010
                                      ___________
       Introduced  by  M. of A. WEISENBERG, GUNTHER, GABRYSZAK, MAISEL, SCHROE-
         DER, ORTIZ, M. MILLER,  COOK,  TITONE,  ROBINSON,  CAHILL,  J. RIVERA,
         SCHIMEL, SPANO, FIELDS, CASTRO, JAFFEE, ROSENTHAL, BOYLAND, MILLMAN --
         Multi-Sponsored  by  --  M.  of  A. CONTE, CROUCH, DelMONTE, DINOWITZ,
         DUPREY, ERRIGO, GIGLIO, HAWLEY, JOHN, JORDAN, KOLB, McDONOUGH,  McKEV-
         ITT, MOLINARO, PERRY, PHEFFER, RAIA, P. RIVERA, SALADINO, SCARBOROUGH,
         SKARTADOS, SWEENEY, TOBACCO, TOWNSEND -- read once and referred to the
         Committee on Mental Health, Mental Retardation and Developmental Disa-
         bilities  --  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 the establishment
         of  procedures  or  mechanisms  to  receive  allegations  of  abuse or
         mistreatment of individuals served by agencies and providers  licensed
         or operated under the mental hygiene law
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The mental hygiene law is amended by adding a  new  section
    2  33.06 to read as follows:
    3  S 33.06 REPORTS OF ABUSE OR MISTREATMENT.
    4    THE  COMMISSIONER  OF THE OFFICE OF MENTAL HEALTH AND THE COMMISSIONER
    5  OF THE OFFICE OF MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES SHALL
    6  ESTABLISH PROCEDURES OR MECHANISMS TO RECEIVE ALLEGATIONS OR  COMPLAINTS
    7  OF ABUSE OR MISTREATMENT OF INDIVIDUALS SERVED BY AGENCIES AND PROVIDERS
    8  LICENSED  OR  OPERATED  BY  THE  OFFICES, INCLUDING RECEIPT OF ANONYMOUS
    9  ALLEGATIONS OR COMPLAINTS. SUCH MECHANISMS SHALL INCLUDE  THE  OPERATION
   10  OF A TOLL-FREE NUMBER. ALLEGATIONS OR COMPLAINTS RECEIVED SHALL BE EVAL-
   11  UATED  AND,  IF  NECESSARY,  REFERRED FOR APPROPRIATE CORRECTIVE ACTION,
   12  CONSISTENT WITH LAWS, REGULATIONS AND  PROCEDURES  ESTABLISHED  FOR  THE
   13  INVESTIGATION, RESOLUTION AND RESPONSE TO INCIDENT REPORTS TO ENSURE THE
   14  CARE  AND SAFETY OF ALL PATIENTS.  THE INABILITY OF THE PERSON REPORTING
   15  THE ABUSE TO IDENTIFY THE ALLEGED PERPETRATOR SHALL, IN NO CIRCUMSTANCE,
   16  CONSTITUTE THE SOLE CAUSE TO REJECT SUCH ALLEGATION FOR INVESTIGATION OR
   17  FAIL TO REFER SUCH ALLEGATION FOR CORRECTIVE ACTION.  WHEN AN ALLEGATION
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD12141-10-0
       A. 9825--A                          2
    1  OF ABUSE OR MALTREATMENT OF A CHILD IS MADE,  THE  ALLEGATION  SHALL  BE
    2  REFERRED  TO THE STATEWIDE CENTRAL REGISTER OF CHILD ABUSE AND MALTREAT-
    3  MENT, ESTABLISHED PURSUANT TO SECTION FOUR  HUNDRED  TWENTY-TWO  OF  THE
    4  SOCIAL SERVICES LAW.
    5    S  2.  Paragraph  1  of subdivision (c) of section 45.07 of the mental
    6  hygiene law, as amended by chapter 323 of the laws of 2008,  is  amended
    7  to read as follows:
    8    1.   Establish   procedures   to  assure  effective  investigation  of
    9  complaints of patients and their parents or legal guardians and  employ-
   10  ees of mental hygiene facilities affecting such patients including alle-
   11  gations of patient abuse or mistreatment, including all reports of abuse
   12  or neglect of children in residential care as defined in paragraphs (g),
   13  (h)  and (i) of subdivision four of section four hundred twelve-a of the
   14  social services law, except such facilities or  programs  enumerated  in
   15  paragraph  (j) of subdivision four of such section, and made pursuant to
   16  title six of article six of such law. Such procedures shall include  but
   17  not  be limited to receipt of written complaints, interviews of persons,
   18  patients and employees and on-site monitoring of  conditions.  In  addi-
   19  tion,  the  commission  shall  establish  procedures  for the speedy and
   20  impartial review of patient abuse and mistreatment allegations called to
   21  its attention.  NO COMPLAINT, REPORT OR ALLEGATION SHALL BE DECLINED  BY
   22  THE  COMMISSION  SOLELY  BECAUSE  THE COMPLAINT, REPORT OR ALLEGATION IS
   23  MADE ANONYMOUSLY.
   24    S 3. This act shall take effect on the one hundred eightieth day after
   25  it shall have become a law.