Bill Text: NY S06666 | 2011-2012 | General Assembly | Introduced

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Bill Title: Establishes the institutional abuse and neglect intervention committee for vulnerable persons within the state commission on quality of care and advocacy for persons with disabilities to identify the most effective means for reporting institutional neglect of vulnerable persons.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2012-03-08 - REFERRED TO MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES [S06666 Detail]

Download: New_York-2011-S06666-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6666
                                   I N  S E N A T E
                                     March 8, 2012
                                      ___________
       Introduced  by  Sen.  SALAND -- 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 establishing  the
         institutional  abuse and neglect intervention committee for vulnerable
         persons
         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  45.23 to read as follows:
    3  S 45.23 INSTITUTIONAL  ABUSE  AND  NEGLECT  INTERVENTION  COMMITTEE  FOR
    4            VULNERABLE PERSONS.
    5    (A)  THERE  IS  HEREBY  ESTABLISHED WITHIN THE COMMISSION, AN INSTITU-
    6  TIONAL ABUSE AND NEGLECT INTERVENTION COMMITTEE FOR VULNERABLE  PERSONS.
    7  THE  COMMITTEE  SHALL  BE COMPRISED OF THE COMMISSIONER OF THE OFFICE OF
    8  PERSONS WITH DEVELOPMENTAL DISABILITIES, THE COMMISSIONER OF THE  OFFICE
    9  OF  MENTAL  HEALTH,  THE  COMMISSIONER OF ALCOHOLISM AND SUBSTANCE ABUSE
   10  SERVICES, THE COMMISSIONER OF HEALTH, THE CHAIR OF  THE  COMMISSION,  AT
   11  LEAST  TWO  REPRESENTATIVES OF STATE AND REGIONAL PROVIDER ORGANIZATIONS
   12  THAT REPRESENT PROVIDERS OF RESIDENTIAL SERVICES TO THE DISABLED  COMMU-
   13  NITY, AT LEAST TWO REPRESENTATIVES OF STATE AND REGIONAL PROVIDER ORGAN-
   14  IZATIONS  THAT  REPRESENT PROVIDERS OF VULNERABLE PERSONS, INCLUDING THE
   15  ELDERLY, AT LEAST TWO MENTAL HEALTH  PROFESSIONALS  WHO  PROVIDE  DIRECT
   16  CARE  TO  VULNERABLE  PERSONS,  INCLUDING  THE ELDERLY, AND AT LEAST ONE
   17  FAMILY REPRESENTATIVE.  REPRESENTATIVES SHALL BE APPOINTED BY THE GOVER-
   18  NOR.
   19    (B) THE COMMITTEE SHALL IDENTIFY THE MOST EFFECTIVE MEANS FOR  REPORT-
   20  ING INSTITUTIONAL NEGLECT OF VULNERABLE PERSONS AND SHALL:
   21    (I)  REVIEW ALL AGENCY GUIDELINES, REGULATIONS, AND STATUTORY REQUIRE-
   22  MENTS REGARDING ABUSE, NEGLECT, AND MALTREATMENT IN FACILITIES;
   23    (II) EXAMINE THE NEED FOR, AND USE OF, UNIFORM AND  COORDINATED  DEFI-
   24  NITIONS  AND  STANDARDS REGARDING ABUSE, MALTREATMENT AND NEGLECT ACROSS
   25  AGENCIES PROVIDING FOR VULNERABLE PERSONS;
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD14800-03-2
       S. 6666                             2
    1    (III) EXAMINE THE NEED FOR MEMORANDUMS OF UNDERSTANDING BETWEEN  AGEN-
    2  CIES,  LOCAL  SOCIAL  SERVICES  DISTRICTS, AND LAW ENFORCEMENT REGARDING
    3  APPROPRIATE RESPONSES TO  AND  INVESTIGATIONS  OF  ABUSE,  NEGLECT,  AND
    4  MALTREATMENT CLAIMS WITHIN FACILITIES;
    5    (IV)  OUTLINE  AN IMMEDIATE RESPONSE PROTOCOL FOR ANY CLAIMS RISING TO
    6  THE LEVEL OF A SERIOUS CRIME IN FACILITIES, INCLUDING  BUT  NOT  LIMITED
    7  TO,  PHYSICAL  AND  SEXUAL  ABUSE  OF THOSE IN CARE. SUCH PROTOCOL SHALL
    8  INCLUDE THE IMMEDIATE NOTIFICATION AND REFERRAL OF  SUCH  CASES  TO  LAW
    9  ENFORCEMENT;
   10    (V) EXAMINE THE USE OF A TWENTY-FOUR HOUR HOTLINE TO RECEIVE AND MAIN-
   11  TAIN  ABUSE  ALLEGATIONS WITHIN FACILITIES PROVIDING CARE FOR VULNERABLE
   12  PERSONS;
   13    (VI) EXAMINE THE NEED  FOR  LEGISLATION  OR  REGULATORY  OR  STATUTORY
   14  AMENDMENTS GOVERNING THE OVERSIGHT OF STAFF TRAINING CURRICULUM;
   15    (VII) EXAMINE THE NEED FOR, AND ISSUES INVOLVED WITH THE CREATION OF A
   16  MANDATED REPORTER SYSTEM FOR VULNERABLE PERSONS;
   17    (VIII)  OUTLINE  A  RISK ASSESSMENT TOOL FOR THE POSSIBLE USE BY STAFF
   18  WITH RESPECT TO INTERVENTION SCREENING, AND  REFERRALS  OF  ABUSED,  AND
   19  NEGLECTED VULNERABLE PERSONS; AND
   20    (IX) ESTABLISH RECOMMENDED PROCEDURES FOR:
   21    1.  AN  APPEALS  PROCESS  FOR  ANY  DETERMINATION  ALLEGING  ABUSE AND
   22  MALTREATMENT AGAINST A FACILITY OR EMPLOYEE THEREOF;
   23    2. DISSEMINATION OF INFORMATION FROM THE REGISTRY TO  LAW  ENFORCEMENT
   24  INCLUDING CONFIDENTIAL INFORMATION;
   25    3.  A  REPORTING  SYSTEM BETWEEN AGENCIES, NOT-FOR-PROFITS, LICENSEES,
   26  AND PROVIDERS OF ABUSE, NEGLECT AND MALTREATMENT BY EMPLOYEES  REGARDING
   27  SUBSTANTIATED REPORTS IN OTHER FACILITIES; AND
   28    4.  THE  INVESTIGATION OF REPORTED INCIDENTS AND SUBSEQUENT SUBSTANTI-
   29  ATION OF AN ALLEGATION OF ABUSE, NEGLECT, EXPLOITATION OR ABANDONMENT OF
   30  A VULNERABLE PERSON.
   31    S 2. The institutional abuse and neglect  intervention  committee  for
   32  vulnerable  persons shall develop additional recommendations as it deems
   33  appropriate. Such recommendations shall be included in a report  submit-
   34  ted to the Legislature no later than April 1, 2013.
   35    S 3. This act shall take effect on the one hundred twentieth day after
   36  it shall have become a law.