Bill Text: NY S04892 | 2019-2020 | General Assembly | Introduced
Bill Title: Relates to the training of boards of directors or trustees of certain voluntary not-for-profit facilities or corporations.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-01-08 - REFERRED TO MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES [S04892 Detail]
Download: New_York-2019-S04892-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 4892 2019-2020 Regular Sessions IN SENATE March 28, 2019 ___________ Introduced by Sen. PARKER -- read twice and ordered printed, and when printed to be committed to the Committee on Mental Health and Develop- mental Disabilities AN ACT to amend the mental hygiene law, in relation to the training of boards of directors or trustees of certain voluntary not-for-profit facilities or corporations The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The section heading and subdivision (a) of section 7.39 of 2 the mental hygiene law, as added by chapter 800 of the laws of 1986, are 3 amended and a new subdivision (a-1) is added to read as follows: 4 Registration, training and notification of boards of directors 5 or trustees of certain voluntary not-for-profit facilities or 6 corporations. 7 (a) Notwithstanding any other law, rule or regulation, the executive 8 director, chairperson or president of a voluntary, not-for-profit corpo- 9 ration or facility which is subject to the jurisdiction of the office 10 [of mental health] shall furnish annually to the commissioner a list of 11 the names and addresses of the current members of the board of directors 12 or trustees of such facility or corporation together with the last date 13 of the current members' or trustees' completion of the training require- 14 ments. Hospitals operated pursuant to article twenty-eight of the 15 public health law shall not be required to furnish completion of train- 16 ing requirements to the commissioner. Nothing in this section shall be 17 construed to exempt such hospitals from the applicable requirements of 18 the public health law. Failure to furnish [such] an annual list of 19 names and addresses of current members of the board of directors or 20 trustees shall remove such facility or corporation from consideration 21 for recertification. 22 (a-1) The office shall establish no later than October thirty-first, 23 two thousand twenty-one minimum training requirements for all members of EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD10711-01-9S. 4892 2 1 the board of directors or trustees of a voluntary, not-for-profit corpo- 2 ration or facility which is subject to the jurisdiction of the office, 3 with the exception of hospitals operated pursuant to article twenty- 4 eight of the public health law. Such training shall include, but not be 5 limited to, the fiduciary responsibilities of being a board member or 6 trustee and shall provide members or trustees with the tools and best 7 practices necessary to effectively serve in such capacity. 8 § 2. The section heading and subdivision (a) of section 13.39 of the 9 mental hygiene law, the section heading as added by chapter 800 of the 10 laws of 1986 and subdivision (a) as amended by chapter 168 of the laws 11 of 2010, are amended and a new subdivision (a-1) is added to read as 12 follows: 13 Registration, training and notification of boards of directors 14 or trustees of certain voluntary not-for-profit facilities or 15 corporations. 16 (a) Notwithstanding any other law, rule or regulation, the executive 17 director, chairperson or president of a voluntary, not-for-profit corpo- 18 ration or facility which is subject to the jurisdiction of the office 19 [for people with developmental disabilities] shall furnish annually to 20 the commissioner a list of the names and addresses of the current 21 members of the board of directors or trustees of such facility or corpo- 22 ration together with the last date of the current members' or trustees' 23 completion of the training requirements. Hospitals operated pursuant to 24 article twenty-eight of the public health law shall not be required to 25 furnish completion of training requirements to the commissioner. Nothing 26 in this section shall be construed to exempt such hospitals from the 27 applicable requirements of the public health law. Failure to furnish 28 [such] an annual list of names and addresses of current members of the 29 board of directors or trustees shall remove such facility or corporation 30 from consideration for recertification. 31 (a-1) The office shall establish no later than October thirty-first, 32 two thousand twenty-one minimum training requirements for all members of 33 the board of directors or trustees of a voluntary, not-for-profit corpo- 34 ration or facility which is subject to the jurisdiction of the office, 35 with the exception of hospitals operated pursuant to article twenty- 36 eight of the public health law. Such training shall include, but not be 37 limited to, the fiduciary responsibilities of being a board member or 38 trustee and shall provide members or trustees with the tools and best 39 practices necessary to effectively serve in such capacity. 40 § 3. The section heading and subdivision (a) of section 32.37 of the 41 mental hygiene law, as added by chapter 558 of the laws of 1999, are 42 amended and a new subdivision (a-1) is added to read as follows: 43 Registration, training and notification of boards of directors 44 or trustees of certain voluntary not-for-profit facilities or 45 corporations. 46 (a) Notwithstanding any other law, rule, or regulation, the executive 47 director, chairperson or president of a voluntary, not-for-profit corpo- 48 ration which has been issued an operating certificate by or has received 49 funding from the office of alcoholism and substance abuse services shall 50 furnish annually to the commissioner of such office a list of the names 51 and addresses of the current members of the board of directors or trus- 52 tees of such corporation together with the last date of the current 53 members' or trustees' completion of the training requirements. Hospi- 54 tals operated pursuant to article twenty-eight of the public health law 55 shall not be required to furnish completion of training requirements to 56 the commissioner of alcoholism and substance abuse services. Nothing inS. 4892 3 1 this subdivision shall be construed to exempt such hospitals from the 2 applicable requirements of the public health law. Failure to furnish 3 [such] an annual list of names and addresses of current members of the 4 board of directors or trustees may remove such facility or corporation 5 from consideration for recertification or refunding. 6 (a-1) The office of alcoholism and substance abuse services shall 7 establish no later than October thirty-first, two thousand twenty-one 8 minimum training requirements for all members of the board of directors 9 or trustees of a voluntary, not-for-profit corporation or facility which 10 is subject to the jurisdiction of such office, with the exception of 11 hospitals operated pursuant to article twenty-eight of the public health 12 law. Such training shall include, but not be limited to, the fiduciary 13 responsibilities of being a board member or trustee and shall provide 14 members or trustees with the tools and best practices necessary to 15 effectively serve in such capacity. 16 § 4. This act shall take effect on the ninetieth day after it shall 17 have become a law. Effective immediately the addition, amendment and/or 18 repeal of any rule or regulation necessary for the implementation of 19 this act on its effective date are authorized to be made and completed 20 on or before such date.
