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.
STATE OF NEW YORK
________________________________________________________________________
2441
2019-2020 Regular Sessions
IN SENATE
January 24, 2019
___________
Introduced by Sen. COMRIE -- 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
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:
1 Section 1. Paragraph 1 of subdivision (a) of section 16.11 of the
2 mental hygiene law, as added by section 10 of part MM of chapter 58 of
3 the laws of 2015, is amended to read as follows:
4 (1) The review of facilities issued an operating certificate pursuant
5 to this article shall include periodic visitation and review of each
6 facility. Reviews shall be made as frequently as the commissioner may
7 deem necessary but in any event such inspections shall be made on at
8 least [two] three occasions during each calendar year which shall be
9 without prior notice, provided, however, that where, in the discretion
10 of the commissioner, an operating certificate has been issued to a
11 program with a history of compliance and a record of providing a high
12 quality of care, the periodic inspection and visitation required by this
13 subdivision shall be made at least [once] twice during each calendar
14 year provided such [visit] visits shall be without prior notice,
15 provided, however, that the commissioner provide notice to members of
16 the applicable board of visitors. Any member or members of a board of
17 visitors, appointed pursuant to section 13.33 of this title, and any
18 other individual or individuals the commissioner at his or her
19 discretion approves, may accompany inspectors during the state's period-
20 ic visitations and inspections conducted pursuant to this section as
21 independent monitors. Areas of review shall include, but not be limited
22 to, a review of a facility's: physical plant, fire safety procedures,
23 health care, protective oversight, abuse and neglect prevention, and
24 reporting procedures.
25 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08253-01-9