NY State Senate Bill 2021-S5791

Senate Bill S5791

2021-2022 Legislative Session

Relates to increasing 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

Archive: Last Bill Status - In Senate Committee Mental Health 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to mental health
Mar 18, 2021	referred to mental health

2021-S5791 (ACTIVE) - Details

Current Committee:: Senate Mental Health
Law Section:: Mental Hygiene Law
Laws Affected:: Amd §16.11, Ment Hyg L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S8457
2019-2020: S2441
2023-2024: S2651

2021-S5791 (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.

2021-S5791 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S5791

SPONSOR: COMRIE
 
TITLE OF BILL:

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

 
PURPOSE:

This bill increases the number of inspections conducted at facilities
operated and/or licensed by the Office of People with Developmental
Disabilities from two to three per year and to allow for independent
monitors to accompany inspectors during such inspections.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill amends subdivision (a) of section 16.11 of the
mental hygiene law to increase the number of periodic visitations and
inspections of each facility from a minimum of two to a minimum of
three, making them unannounced and allowing members of the board of

visitors and other independent monitors approved by the Commissioner to
accompany inspectors. It also increases the number of unannounced
inspections of facilities that have a history of compliance and a record
of providing high quality of care from a minimum of one to a minimum of
two per year.

 
EXISTING LAW:

Section 16.11(a) provides for a minimum two inspections of each facility
per year, at least one of which shall be without prior notice. It also
provides 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 shall be made at least once during each calen-
dar year without prior notice.

 
JUSTIFICATION:

Caring for our most vulnerable developmentally disabled citizens is an
important job carried out by many dedicated workers and agencies
throughout the state. In order to insure that individuals are cared for
in a manner that meets our highest standards, New York State conducts
visitations and inspections of facilities that it operates and/or
licenses each year. This bill allows members of a board of visitors and
other individuals, if approved by the Commissioner, to accompany inspec-
tors and serve as independent monitors during inspections. It also
provides for an extra inspection each year and insures that all
inspections are unannounced. This bill will provide additional oversight
and transparency to the existing inspection process.

 
LEGISLATIVE HISTORY:

2018: S 8457 COMRIE Same as A 5121 Ortiz

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
Immediately.

2021-S5791 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5791
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              March 18, 2021
                                ___________
 
 Introduced  by  Sen.  COMRIE -- read twice and ordered printed, and when
   printed to be committed 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.
   § 2.  This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD09674-01-1

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