S3019-2011 Actions

• Jan 4, 2012: REFERRED TO MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES
• Feb 7, 2011: REFERRED TO MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES

S3019-2011 Meetings

S3019-2011 Memo

BILL NUMBER:S3019

TITLE OF BILL:
An act to amend the mental hygiene law, in relation to powers with
respect to the property of patients

PURPOSE:
This measure seeks to increase the value of
funds or personal property the commissioner of OMRDD or OMH may
authorize a facility director to receive on behalf of a person receiving
residential services in an amount up to the Medicaid resource exclusion
amount which is currently $13,050 from the current $5,000 limit.

SUMMARY OF PROVISIONS:
Sections 1 and 2 of the bill amend sections 29.23 and section 3 amends
section 33.07 of the
mental hygiene law to allow the Commissioners of OMRDD and OMH to
authorize a facility director to receive or obtain funds or other
personal property on behalf of a person receiving residential services
up to the limit set by the medical assistance exclusion for a single
person as found in section 366.2 of the Social Services Law. The bill
would also allow the Commissioners to authorize directors of mental
hygiene facilities, including not-for-profit directors, to give
receipts, execute releases and other documents required by law, to
manage funds and personal property on behalf of consumers.

Section 3 provides for an immediate effective date.

EXISTING LAW:
Section 29.23 of the mental hygiene law
allows a director to handle consumer's funds up to a limit of $5,000.

JUSTIFICATION:
Section 29.23 of the mental hygiene
law currently limits a director of a mental hygiene department facility
to handle a consumer's funds up to a limit of $5,000 or less. That limit
was established in 1972 and has not increased with inflation. Items such
as inheritances, Social Security retroactive payments or gifts are often
valued above this limit. In order for a director to receive these items
which are valued over $5,000 on behalf of a consumer, is often
time-consuming and expensive because a legal proceeding becomes
necessary.

This bill would bring the limit up to a far more reasonable level -
$13,050 per person under current law - saving the State considerable
time and expense by eliminating barriers to managing the use of funds in
the best interests of consumers. This authority would apply to both
State and not-for-profit directors. Additionally, it would conform
current law to current practices in many instances and in other
instances would facilitate the efficient and appropriate management of
assets without using unnecessary time and cost spent in, for example,
courts.

LEGISLATIVE HISTORY:
2009-10: S.4900 - Referred to Mental Health and Developmental
Disabilities; A.6667


FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Immediately, with provisions.

S3019-2011 Text

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

                                    3019

                         2011-2012 Regular Sessions

                              I N  SENATE

                              February 7, 2011
                                 ___________

  Introduced  by  Sen. HUNTLEY -- 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  powers  with
    respect to the property of patients

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


    Section 1. Section 29.23 of the mental  hygiene  law,  as  amended  by
  section  1  of  part A of chapter 111 of the laws of 2010, is amended to
  read as follows:

  S 29.23 Powers with respect to property of persons receiving services.
    (A) The commissioner may authorize the directors of department facili-
  ties, to receive or obtain funds or other personal  property,  excepting
  jewelry,  due  or  belonging  to  a  person receiving services from such
  facility who has no guardian authorized to receive such funds or proper-
  ty, up to  an  amount  or  value  not  exceeding  [twenty-five  thousand
  dollars]  THE  MEDICAL ASSISTANCE RESOURCE EXCLUSION FOR A SINGLE PERSON
  AS DESCRIBED IN SUBDIVISION TWO OF SECTION THREE  HUNDRED  SIXTY-SIX  OF
  THE  SOCIAL  SERVICES  LAW;  and also from a guardian upon his discharge
  when the final order so provides where  the  balance  remaining  in  the
  hands  of such guardian does not exceed such amount. Such personal prop-
  erty, excepting jewelry, other than moneys  shall  be  retained  by  the
  director  for  the benefit of the person for whom received until sold as
  hereinafter provided. Such funds and the proceeds of the sale  of  other
  personal  property  so  received  shall  be  placed to the credit of the
  person for whom received and disbursed on the order of the director,  to
  provide,  in the first instance, for luxuries, comforts, and necessities
  for such person, including burial expenses and such  director  shall  be
  authorized  to seek to place, to the extent permissible by law, funds in
  excess of the appropriate eligibility  level  for  government  benefits,
  into  a  qualifying  Medicaid exception trust, including a special needs
  trust, or similar device. The director of a  department  facility  shall
  ensure  that the treatment team meet with, and determine the current and
  future personal needs of, the person receiving services. For purposes of

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD04259-01-1

 S. 3019                             2

  this section, a treatment team  is  one  that  is  responsible  for  the
  following, including but not limited to, clinical assessments, treatment
  plan development, any necessary discharge planning, and personal expend-
  iture  planning.  The commissioner may authorize directors, on behalf of
  any such person, to give receipts, execute releases and other  documents
  required  by  law  or  court order, to endorse checks and drafts, and to
  convert personal property excepting jewelry into money by  sale  for  an
  adequate  consideration,  and to execute bills of sale or to permit such
  person to do so, in order that the proceeds  may  be  deposited  to  the
  credit of such person in accordance with the provisions of this section.
    (B)  Whenever,  under the provisions of this section, the commissioner
  shall authorize the director of a facility in the department to  receive
  moneys  or  other  personal  property  excluding  jewelry belonging to a
  person which are on deposit in any bank or other  institution  or  which
  are due to the person from any person or agency, such bank, institution,
  person,  or  agency  shall,  upon  the  written request of the director,
  forthwith turn over to such director from such moneys or personal  prop-
  erty  the amount or value hereinbefore specified. Any moneys received by
  the director of such facility shall be deposited by him in such bank  or
  trust company as shall be designated by the comptroller, except that the
  commissioner  may,  in  his discretion, invest so much thereof as he may
  deem advisable in bonds issued by the United States government or any of
  its agencies.
    (C) Moneys belonging to a person received  by  the  director  of  such
  facility pursuant to law shall be received by him in his official capac-
  ity  as  such  director  and such receipt shall be deemed an exercise or
  performance by him of a power and duty duly conferred by  this  section.
  In  the  event that a director of a department facility receives a wind-
  fall payment on behalf of a person  which,  in  combination  with  other
  funds  held  on behalf of such person, would cause such person to become
  ineligible for government benefits, such director shall, to  the  extent
  permissible  by law, apply the funds in excess of the appropriate eligi-
  bility level to the person's personal needs or seek to place such excess
  funds into a qualifying Medicaid exception trust,  including  a  special
  needs trust, or similar device. For purposes of this section, a windfall
  payment  shall  mean  a one-time payment such as a gift, an inheritance,
  lottery winnings, or court-ordered judgment or settlement.
    (D) This section shall not apply to  any  federal  or  state  benefits
  received  by  the director as representative payee, which benefits shall
  be handled in accordance with section 33.07  of  this  title  and  regu-
  lations promulgated thereunder.
    S  2.  Section  29.23  of the mental hygiene law is amended to read as
  follows:

  S 29.23 Powers with respect to property of patients.
    (A) The commissioner may authorize the directors of department facili-
  ties, to receive or obtain funds or other personal  property,  excepting
  jewelry,  due  or  belonging to a patient who has no committee, up to an
  amount or value  not  exceeding  [five  thousand  dollars]  THE  MEDICAL
  ASSISTANCE RESOURCE EXCLUSION FOR A SINGLE PERSON AS DESCRIBED IN SUBDI-
  VISION  TWO  OF  SECTION  THREE HUNDRED SIXTY-SIX OF THE SOCIAL SERVICES
  LAW; and also from a committee upon his discharge when the  final  order
  so  provides  where the balance remaining in the hands of such committee
  does not exceed such amount.  Such personal property, excepting jewelry,
  other than moneys shall be retained by the director for the  benefit  of
  the  patient  for whom received until sold as hereinafter provided. Such
  funds and the proceeds  of  the  sale  of  other  personal  property  so

 S. 3019                             3

  received  shall be placed to the credit of the patient for whom received
  and disbursed on the order of the director, to  provide,  in  the  first
  instance,  for  luxuries,  comforts,  and  necessities for such patient,
  including  burial  expenses, and, if funds are thereafter available, for
  the support of such patient. The commissioner may  authorize  directors,
  on  behalf  of  any such patient, to give receipts, execute releases and
  other documents required by law or court order, to  endorse  checks  and
  drafts, and to convert personal property excepting jewelry into money by
  sale  for  an adequate consideration, and to execute bills of sale or to
  permit such patient to do so, in order that the proceeds may be deposit-
  ed to the credit of such patient in accordance with  the  provisions  of
  this section.
    (B)  Whenever,  under the provisions of this section, the commissioner
  shall authorize the director of a facility in the department to  receive
  moneys  or  other  personal  property  excluding  jewelry belonging to a
  patient which are on deposit in any bank or other institution  or  which
  are due to the person from any person or agency, such bank, institution,
  person,  or  agency  shall,  upon  the  written request of the director,
  forthwith turn over to such director from such moneys or personal  prop-
  erty  the amount or value hereinbefore specified. Any moneys received by
  the director of such facility shall be deposited by him in such bank  or
  trust company as shall be designated by the comptroller, except that the
  commissioner  may,  in  his discretion, invest so much thereof as he may
  deem advisable in bonds issued by the United States government or any of
  its agencies.
    (C) Moneys belonging to a patient received by  the  director  of  such
  facility pursuant to law shall be received by him in his official capac-
  ity  as  such  director  and such receipt shall be deemed an exercise or
  performance by him of a power and duty duly conferred by this section.
    S 3. Subdivisions (a) and (b) of section 33.07 of the  mental  hygiene
  law,  such section as renumbered by chapter 978 of the laws of 1977, are
  amended and a new subdivision (e-1) is added to read as follows:

    (a) A patient's right to retain his personal belongings upon admission
  to a MENTAL HYGIENE facility shall be respected. The  director,  subject
  to  the  regulations  of the commissioner, may take temporary custody of
  the  patient's  personal  property  upon  the  person  of  the  patient.
  Personal  property  which is retained for the patient's protection shall
  be used for the support and benefit of the patient if deemed  desirable.
  Otherwise, it is to be conserved for his benefit. If a patient is trans-
  ferred to another facility, his personal belongings shall be transferred
  with  him. Gifts received by a patient in a facility shall be handled in
  the same manner.
    (b) The director of a [department] MENTAL HYGIENE facility shall  have
  the  power to take temporary and immediate custody of the personal prop-
  erty of a patient which is in  the  possession  of  other  persons  upon
  giving a receipt therefor to the person having possession thereof.
    (E-1)  THE  COMMISSIONER  MAY  AUTHORIZE  DIRECTORS  OF MENTAL HYGIENE
  FACILITIES, ON BEHALF  OF  A  PATIENT,  TO  GIVE  RECEIPTS  AND  EXECUTE
  RELEASES AND OTHER DOCUMENTS REQUIRED BY LAW OR COURT ORDER.
    S  4. This act shall take effect immediately; provided that the amend-
  ments to section 29.23 of the mental hygiene law made by section one  of
  this  act  shall  be  subject  to  the  expiration and reversion of such
  section pursuant to section 3 of part A of chapter 111 of  the  laws  of
  2010,  as  amended, when upon such date the provisions of section two of
  this act shall take effect.