Bill Text: NY S06619 | 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: Partisan Bill (Republican 3-0)
Status: (Introduced - Dead) 2012-03-05 - REFERRED TO MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES [S06619 Detail]
Download: New_York-2011-S06619-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
6619
I N S E N A T E
March 5, 2012
___________
Introduced by Sens. McDONALD, LARKIN, MAZIARZ -- read twice and ordered
printed, and when printed to be committed to the Committee on Mental
Health and Developmental Disabilities
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;
25 v. to advise and consult with the board of visitors of the develop-
26 mental center IN EACH DEVELOPMENTAL DISABILITIES SERVICES OFFICE served
27 by the ombudsman with respect to any complaints or issues relating to
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14030-01-2
S. 6619 2
1 conditions of client's residence and to regularly attend the meetings of
2 such board; and
3 vi. to meet with the commissioner, or a representative of the commis-
4 sioner, on a quarterly basis regarding systemic issues in the ombuds-
5 man's jurisdiction.
6 2. The president of the board of visitors of each developmental center
7 facility IN EACH DEVELOPMENTAL DISABILITIES SERVICES OFFICE listed in
8 section 13.17 of this article, shall, in consultation with the members
9 of such board, recommend three persons to serve as ombudsman at the
10 [facility] DEVELOPMENTAL DISABILITIES SERVICES OFFICE. In making such
11 recommendation, the president shall also consider the expressed opinion
12 of parents, guardians and correspondents of clients residing [at such
13 facility] IN SUCH DEVELOPMENTAL DISABILITIES SERVICES OFFICE. The
14 persons so recommended as ombudsman shall have expressed an active
15 interest or shall have had professional knowledge in advocating for
16 persons who are mentally disabled. The commission on quality of care and
17 advocacy for persons with disabilities shall select one of the recom-
18 mended persons as ombudsman. The ombudsman may only be removed from
19 office for just cause. An individual appointed as ombudsman shall be an
20 exempt class employee as defined by section forty-one of the civil
21 service law and may be removed by the commissioner upon the recommenda-
22 tion of the president of the board of visitors, for cause after notice
23 and opportunity for a hearing on the charges.
24 3. The ombudsman shall be afforded initial training and orientation by
25 the commission on quality of care and advocacy for persons with disabil-
26 ities.
27 4. The director of each developmental center IN EACH DEVELOPMENTAL
28 DISABILITIES SERVICES OFFICE shall insure that parents, guardians and
29 correspondents of clients and other interested persons at [the facility]
30 SUCH DEVELOPMENTAL DISABILITIES SERVICES OFFICES under his OR HER direc-
31 tion are informed with respect to the existence and duties of the
32 ombudsman established pursuant to this section by regularly and conspic-
33 uously posting the name, location and duties of the ombudsman within
34 such [facility] DEVELOPMENTAL DISABILITIES SERVICES OFFICE.
35 5. The facility director shall insure that each ombudsman is given
36 reasonable and private office quarters, including a means of record
37 keeping, on the grounds of [the facility] SUCH DEVELOPMENTAL DISABILI-
38 TIES SERVICES OFFICE under his or her direction and that adequate admin-
39 istrative resources are provided to the ombudsman for the purpose of
40 carrying out the duties prescribed by this section.
41 6. No one shall prevent or inhibit the ombudsman from reasonably
42 executing the powers and duties prescribed by this section.
43 S 2. This act shall take effect immediately.
