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 ________________________________________________________________________ 6665--A 2011-2012 Regular Sessions IN ASSEMBLY March 24, 2011 ___________Introduced by M. of A. ORTIZ, ABINANTI, JAFFEE, LIFTON -- read once and referred to the Committee on Mental Health -- reported and referred to the Committee on Ways and Means -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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. Subdivision (a) of section 16.11 of the mental hygiene law, as amended by chapter 214 of the laws of 1993, is amended to read as follows: (a) The commissioner shall provide for the periodic visitation and inspection of each facility. Inspections 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 [, at least one of]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 VISI- TORS. 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 PERIODIC VISITATIONS AND INSPECTIONS CONDUCTED PURSUANT TO THIS SECTION AS INDEPENDENT MONITORS. S 2. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08759-02-1