Senate Bill S5098

Signed By Governor
2013-2014 Legislative Session

Increases the number of visits with no prior notice that can be made to facilities operated or licensed by the office for people with developmental disabilities each year

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Archive: Last Bill Status Via A6992 - Signed by Governor

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

2013-S5098 - Details

Law Section:
Mental Hygiene Law
Laws Affected:
Amd §16.11, Ment Hyg L

2013-S5098 - Summary

Increases the number of visits allowed each year with no prior notice, that can be made to facilities operated or licensed by the office for people with developmental disabilities.

2013-S5098 - Sponsor Memo

2013-S5098 - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5098

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               May 8, 2013
                               ___________

Introduced  by Sen. CARLUCCI -- 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  increasing  the
  number  of  visits with no prior notice that can be made to a facility
  per year

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision (a) of section 16.11 of the mental hygiene law,
as  amended  by  chapter  214 of the laws of 1993, is amended to read as
follows:
  (a) The commissioner shall provide for  the  periodic  visitation  and
inspection  of each facility. Inspections shall be made as frequently as
the commissioner may deem necessary but in any  event  such  inspections
shall  be  made on at least two occasions during each calendar year[, at
least one of] which shall be without prior  notice,  provided,  however,
that  where, in the discretion of the commissioner, an operating certif-
icate has been issued to a program with a history of  compliance  and  a
record  of providing a high quality of care, the periodic inspection and
visitation required by this subdivision shall  be  made  at  least  once
during  each  calendar  year  provided such visit shall be without prior
notice, PROVIDED, HOWEVER,  THAT  THE  COMMISSIONER  PROVIDE  NOTICE  TO
MEMBERS OF THE APPLICABLE BOARD OF VISITORS.  ANY MEMBER OR MEMBERS OF A
BOARD  OF  VISITORS,  APPOINTED PURSUANT TO SECTION 13.33 OF THIS TITLE,
AND ANY OTHER INDIVIDUAL OR INDIVIDUALS THE COMMISSIONER AT HIS  OR  HER
DISCRETION APPROVES, MAY ACCOMPANY INSPECTORS DURING THE STATE'S PERIOD-
IC  VISITATIONS  AND  INSPECTIONS  CONDUCTED PURSUANT TO THIS SECTION AS
INDEPENDENT MONITORS.
  S 2.  This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10583-02-3

2013-S5098A (ACTIVE) - Details

Law Section:
Mental Hygiene Law
Laws Affected:
Amd §16.11, Ment Hyg L

2013-S5098A (ACTIVE) - Summary

Increases the number of visits allowed each year with no prior notice, that can be made to facilities operated or licensed by the office for people with developmental disabilities.

2013-S5098A (ACTIVE) - Sponsor Memo

2013-S5098A (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5098--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               May 8, 2013
                               ___________

Introduced  by Sen. CARLUCCI -- read twice and ordered printed, and when
  printed to be committed to the Committee on Mental Health and Develop-
  mental Disabilities -- committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

AN  ACT  to  amend the mental hygiene law, in relation to increasing the
  number of visits with no prior notice that can be made to  a  facility
  per year

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision (a) of section 16.11 of the mental hygiene law,
as amended by chapter 214 of the laws of 1993, is  amended  to  read  as
follows:
  (a)  The  commissioner  shall  provide for the periodic visitation and
inspection of each facility. Inspections shall be made as frequently  as
the  commissioner  may  deem necessary but in any event such inspections
shall be made on at least two occasions during each calendar  year[,  at
least  one  of]  which shall be without prior notice, provided, however,
that where, in the discretion of the commissioner, an operating  certif-
icate  has  been  issued to a program with a history of compliance and a
record of providing a high quality of care, the periodic inspection  and
visitation  required  by  this  subdivision  shall be made at least once
during each calendar year provided such visit  shall  be  without  prior
notice.
  S 2.  This act shall take effect immediately.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10583-04-3

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