Assembly Bill A8493

2015-2016 Legislative Session

Increases the frequency that visitation or inspections of facilities operated or licensed by the office for people with developmental disabilities must be made each year

download bill text pdf

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Archive: Last Bill Status - In Assembly Committee

  • 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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2015-A8493 (ACTIVE) - Details

Current Committee:
Assembly Mental Health
Law Section:
Mental Hygiene Law
Laws Affected:
Amd ยง16.11, Ment Hyg L
Versions Introduced in Other Legislative Sessions:
2011-2012: A6665
2013-2014: A5884
2017-2018: A5121
2019-2020: A3814

2015-A8493 (ACTIVE) - Summary

Increases the frequency that visitation or inspections of facilities operated or licensed by the office for people with developmental disabilities must be made each year.

2015-A8493 (ACTIVE) - Bill Text download pdf 

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

                                  8493

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             October 9, 2015
                               ___________

Introduced  by M. of A. ORTIZ, ABINANTI, JAFFEE, LIFTON -- read once and
  referred to the Committee on Mental Health

AN ACT to amend the mental hygiene law, in relation  to  increasing  the
  frequency of visitation and inspection of facilities per year

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

  Section 1. Paragraph 1 of subdivision (a)  of  section  16.11  of  the
mental  hygiene  law, as added by section 10 of part MM of chapter 58 of
the laws of 2015, is amended to read as follows:
  (1) The review of facilities issued an operating certificate  pursuant
to  this  article  shall  include periodic visitation and review of each
facility. Reviews shall be made as frequently as  the  commissioner  may
deem  necessary  but  in  any event such inspections shall be made on at
least [two] THREE occasions during each calendar  year  which  shall  be
without  prior  notice, provided, however, that where, in the discretion
of the commissioner, an operating  certificate  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]  TWICE  during  each  calendar
year  provided  such  [visit]  VISITS  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. Areas of review shall include, but not be limited
to, a review of a facility's: physical plant,  fire  safety  procedures,
health  care,  protective  oversight,  abuse and neglect prevention, and
reporting procedures.
  S 2.  This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04330-02-5

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