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

                                  3019

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            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.