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