BILL NUMBER: S4775

SPONSOR: RYAN C
 
TITLE OF BILL:

An act to amend the mental hygiene law, in relation to safeguarding cash
accounts for people with developmental disabilities in a facility

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this bill is to develop a uniform statewide policy for
conducting audits for residents of facilities regulated by the Office
for People with Developmental Disabilities (OPWDD) for personal allow-
ance and cash accounts.

 
SUMMARY OF PROVISIONS:

Section 1 of this bill would require the Commissioner of OPWDD to devel-
op a uniform statewide policy for conducting audits for residents of
facilities regulated by OPWDD for personal allowance and cash accounts.

Section 2 of this bill provides that the effective date shall take
              

effect on the one hundred twentieth day after it shall have become a
law.

 
JUSTIFICATION:

Under State law, residents who live in individualized residential alter-
natives, such as community residences, and family care home settings are
entitled to personal allowance accounts that such residents can use for
personal expenses such as personal shopping, entertainment, vacation,
and home and family visits. Additionally, staff members who assist resi-
dents with their purchases must comply with the Personal Expenditure
Plan.

In October 2016, Inspector General Catherine Leahy Scott released the
results of an investigation of personal allowance accounts maintained by
OPWDD on behalf of OPWDD residents. The Inspector General's office
investigated ten instances .of mismanagement of cash accounts maintained
by OPWDD and concluded that OPWDD's current policies regarding the
management of personal allowance accounts fails to adequately safeguard
residents' personal allowance accounts. Among other things, the report
found that residents' personal allowance accounts were "pilfered" by
OPWDD employees because of inadequate safeguards and oversight of the
accounts by supervisors and OPWDD.  The report recommended that OPWDD
take action to address this serious mismanagement.

Such actions include providing standardized training on the management
and review of individuals' personal allowance accounts to staff in
supervisory positions; developing a statewide approach to implement the
use of debit cards for individuals' personal allowance accounts and a
policy on their use; issuing a policy on the process for purchasing,
recording and using gift cards for individuals in its care; reinforcing
the requirement of an original receipt from the vendor documenting a
transaction for out-of-residence mean purchases; reinforcing existing
policy requiring purchases to be inventoried upon receipt in the home;
and retraining staff on the requirement to conduct an inventory at the
time of purchase and to follow proper procedures.

Safeguarding the personal finances of individuals with disabilities is a
crucial component of ensuring a high level of care for individuals who
live in individualized residential alternatives. This bill would require
the Commissioner of OPWDD to develop a uniform statewide policy for
conducting audits for residents of facilities regulated by the Office
for People with Developmental Disabilities for personal allowance and
cash accounts.

 
LEGISLATIVE HISTORY:

2023-24: S6433(Mannion)-Passed Senate.

2021-22: S.1273-A(Brooks)- Passed Senate.

2019-20: S.1672-A(Brooks)- Passed Senate.

2017-18: S.3461(Brooks)-Referred to Mental Health and Developmental
Disabilities.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect on the one hundred twentieth day after it
shall have become a law. Effective immediately, the addition, amendment
and/or repeal of any rule or regulation necessary for the implementation
of this act on its effective date are authorized to be made and
completed on or before such effective date.