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:

  Section 1. The mental hygiene law is amended by adding a  new  section
33.06 to read as follows:
S 33.06 REPORTS OF ABUSE OR MISTREATMENT.
  THE  COMMISSIONER  OF THE OFFICE OF MENTAL HEALTH AND THE COMMISSIONER
OF THE OFFICE OF MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES SHALL
ESTABLISH PROCEDURES OR MECHANISMS TO RECEIVE ALLEGATIONS OR  COMPLAINTS
OF ABUSE OR MISTREATMENT OF INDIVIDUALS SERVED BY AGENCIES AND PROVIDERS
LICENSED  OR  OPERATED  BY  THE  OFFICES, INCLUDING RECEIPT OF ANONYMOUS
ALLEGATIONS OR COMPLAINTS. SUCH MECHANISMS SHALL INCLUDE  THE  OPERATION
OF A TOLL-FREE NUMBER. ALLEGATIONS OR COMPLAINTS RECEIVED SHALL BE EVAL-
UATED  AND,  IF  NECESSARY,  REFERRED FOR APPROPRIATE CORRECTIVE ACTION,
CONSISTENT WITH LAWS, REGULATIONS AND  PROCEDURES  ESTABLISHED  FOR  THE
INVESTIGATION, RESOLUTION AND RESPONSE TO INCIDENT REPORTS TO ENSURE THE
CARE  AND SAFETY OF ALL PATIENTS.  THE INABILITY OF THE PERSON REPORTING
THE ABUSE TO IDENTIFY THE ALLEGED PERPETRATOR SHALL, IN NO CIRCUMSTANCE,
CONSTITUTE THE SOLE CAUSE TO REJECT SUCH ALLEGATION FOR INVESTIGATION OR
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

OF ABUSE OR MALTREATMENT OF A CHILD IS MADE,  THE  ALLEGATION  SHALL  BE
REFERRED  TO THE STATEWIDE CENTRAL REGISTER OF CHILD ABUSE AND MALTREAT-
MENT, ESTABLISHED PURSUANT TO SECTION FOUR  HUNDRED  TWENTY-TWO  OF  THE
SOCIAL SERVICES LAW.
  S  2.  Paragraph  1  of subdivision (c) of section 45.07 of the mental
hygiene law, as amended by chapter 323 of the laws of 2008,  is  amended
to read as follows:
  1.   Establish   procedures   to  assure  effective  investigation  of
complaints of patients and their parents or legal guardians and  employ-
ees of mental hygiene facilities affecting such patients including alle-
gations of patient abuse or mistreatment, including all reports of abuse
or neglect of children in residential care as defined in paragraphs (g),
(h)  and (i) of subdivision four of section four hundred twelve-a of the
social services law, except such facilities or  programs  enumerated  in
paragraph  (j) of subdivision four of such section, and made pursuant to
title six of article six of such law. Such procedures shall include  but
not  be limited to receipt of written complaints, interviews of persons,
patients and employees and on-site monitoring of  conditions.  In  addi-
tion,  the  commission  shall  establish  procedures  for the speedy and
impartial review of patient abuse and mistreatment allegations called to
its attention.  NO COMPLAINT, REPORT OR ALLEGATION SHALL BE DECLINED  BY
THE  COMMISSION  SOLELY  BECAUSE  THE COMPLAINT, REPORT OR ALLEGATION IS
MADE ANONYMOUSLY.
  S 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law.