Bill S3068A-2011

Relates to the training of boards of directors or trustees of certain voluntary not-for-profit facilities or corporations

Relates to the training of boards of directors or trustees of certain voluntary not-for-profit facilities or corporations.

Details

Actions

  • Jan 5, 2012: PRINT NUMBER 3068A
  • Jan 5, 2012: AMEND AND RECOMMIT TO ALCOHOLISM AND DRUG ABUSE
  • Jan 4, 2012: REFERRED TO ALCOHOLISM AND DRUG ABUSE
  • May 9, 2011: REPORTED AND COMMITTED TO FINANCE
  • Feb 23, 2011: COMMITTEE DISCHARGED AND COMMITTED TO ALCOHOLISM AND DRUG ABUSE
  • Feb 8, 2011: REFERRED TO MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES

Memo

BILL NUMBER:S3068A

TITLE OF BILL: An act to amend the mental hygiene law, in relation to the training of boards of directors or trustees of certain voluntary not-for-profit facilities or corporations

PURPOSE: This legislation would direct OPWDD, OMH and OASAS to establish minimum training requirements for all members of the board of directors or trustees of a voluntary, not-for-profit corporation or facility which is subject to the jurisdiction of the offices, with the exception of article 28 hospitals. Training would include, but not be limited to, the fiduciary responsibilities of being a board member or trustee and shall provide members or trustees with the tools and best practices necessary to effectively serve in such capacity.

SUMMARY OF PROVISIONS: Section One of the bill amends section 7.39(a) of the mental hygiene law to require OMH to establish minimum training requirements by October 31, 2012 for all members of the board of directors or trustees of a voluntary, not-for-profit corporation or facility which is subject to the jurisdiction of the office, with the exception of article 28 hospitals, and that the latest date of the member's completion of the training requirements shall be included in the list of board members that the agencies must give to OMH annually.

Section two of the bill amends section 13.39 (a) of the mental hygiene law to provide that the Office of Mental Retardation and Developmental Disabilities (OPWDD) shall establish no later than October 31, 2012 minimum training requirements for all members of the board of directors or trustees of a voluntary, not-for-profit corporation or facility which is subject to the jurisdiction of the office, with the exception of article 28 hospitals, and that the latest date of the member's completion of the training requirements shall be included in the list of board members that the agencies must give to OPWDD annually.

Section three of the bill amends section 32.37 of the mental hygiene law to require OASAS to establish minimum training requirements by October 31, 2012 for all members of the board of directors or trustees of a voluntary, not-for-profit corporation or facility which is subject to the jurisdiction of the office, with the exception of article 28 hospitals, and that the latest date of the member's completion of the training requirements shall be included in the list of board members that the agencies must give to OASAS annually. Section four of the bill provides for an effective date on the 90th day after it shall have become law,

provided that effective immediately changes to the rules or regulations necessary for the implementation of this act may be made.

JUSTIFICATION: While the vast majority of facilities providing care to New York State's developmentally disabled, mentally ill and chemically dependent individuals do an outstanding job, on occasion facilities have been found to have safety, quality of care and fiscal mismanagement issues. Recent investigations by the Commission on Quality of Care and Advocacy for Persons with Disabilities (CQCAPD) have once again highlighted problems that can occur. For example, CQC's report on its investigation of the Evelyn Douglin Center found widespread fiscal mismanagement of public funds by the Executive Director and further found that "the agency's Board of Directors failed in its fiduciary duty to closely monitor the executive director and hold him accountable for the management of the agency."

Boards of Directors play a very important role in overseeing the agencies that are responsible for the care of some of our society's most vulnerable individuals and spending millions of dollars in public Medicaid funds in the process. While various training opportunity are available to boards and board members, there are no minimum training requirements in place for board members and no way to know if board members have ever had any training. It is not always easy to find individuals willing and able to serve on agency Board of Directors. Often parents and other concerned citizens agree to serve on a board not recognizing the fiduciary and ethical responsibility they are taking on. Furthermore, parents who are board members can have the uncomfortable position of questioning an agencies' management only to worry about how it may affect their child who is a resident.

The recent reports of CQCAPD have highlighted the need for some minimum level of board training on the fiduciary and other responsibilities members hold as well as knowledge of the tools and best practices that are available to effectively serve in such a capacity. Such training should be completed as soon as possible for new board members and should be required of existing board members who have not yet completed similar training. This would go a long way toward ensuring that boards do not serve merely as rubber stamps of an agencies' or executive director's actions but play an active role in overseeing the agency and ensuring the well being of it and its residents.

LEGISLATIVE HISTORY: A similar bill was vetoed in 2008. This is a new bill to address concerns raise in veto message #169 of 2008.

2010: S.5596 - Referred to Mental Health & Developmental Disabilities

FISCAL IMPLICATIONS: None to state.

EFFECTIVE DATE: Ninety days after it shall become law provided that effective immediately changes to the rules or regulations necessary for the implementation of this act may be made.


Text

STATE OF NEW YORK ________________________________________________________________________ 3068--A 2011-2012 Regular Sessions IN SENATE February 8, 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 -- recommitted to the Committee on Alcoholism and Drug Abuse in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the mental hygiene law, in relation to the training of boards of directors or trustees of certain voluntary not-for-profit facilities or corporations THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The section heading and subdivision (a) of section 7.39 of the mental hygiene law, as added by chapter 800 of the laws of 1986, are amended and a new subdivision (a-1) is added to read as follows: Registration, TRAINING and notification of boards of directors or trustees of certain voluntary not-for-profit facilities or corporations. (a) Notwithstanding any other law, rule or regulation, the executive director, chairperson or president of a voluntary, not-for-profit corpo- ration or facility which is subject to the jurisdiction of the office [of mental health] shall furnish annually to the commissioner a list of the names and addresses of the current members of the board of directors or trustees of such facility or corporation TOGETHER WITH THE LAST DATE OF THE CURRENT MEMBERS' OR TRUSTEES' COMPLETION OF THE TRAINING REQUIRE- MENTS. HOSPITALS OPERATED PURSUANT TO ARTICLE TWENTY-EIGHT OF THE PUBLIC HEALTH LAW SHALL NOT BE REQUIRED TO FURNISH COMPLETION OF TRAIN- ING REQUIREMENTS TO THE COMMISSIONER. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO EXEMPT SUCH HOSPITALS FROM THE APPLICABLE REQUIREMENTS OF THE PUBLIC HEALTH LAW. Failure to furnish [such] AN annual list OF NAMES AND ADDRESSES OF CURRENT MEMBERS OF THE BOARD OF DIRECTORS OR
TRUSTEES shall remove such facility or corporation from consideration for recertification. (A-1) THE OFFICE SHALL ESTABLISH NO LATER THAN OCTOBER THIRTY-FIRST, TWO THOUSAND THIRTEEN MINIMUM TRAINING REQUIREMENTS FOR ALL MEMBERS OF THE BOARD OF DIRECTORS OR TRUSTEES OF A VOLUNTARY, NOT-FOR-PROFIT CORPO- RATION OR FACILITY WHICH IS SUBJECT TO THE JURISDICTION OF THE OFFICE, WITH THE EXCEPTION OF HOSPITALS OPERATED PURSUANT TO ARTICLE TWENTY-EIGHT OF THE PUBLIC HEALTH LAW. SUCH TRAINING SHALL INCLUDE, BUT NOT BE LIMITED TO, THE FIDUCIARY RESPONSIBILITIES OF BEING A BOARD MEMBER OR TRUSTEE AND SHALL PROVIDE MEMBERS OR TRUSTEES WITH THE TOOLS AND BEST PRACTICES NECESSARY TO EFFECTIVELY SERVE IN SUCH CAPACITY. S 2. The section heading and subdivision (a) of section 13.39 of the mental hygiene law, the section heading as added by chapter 800 of the laws of 1986 and subdivision (a) as amended by chapter 168 of the laws of 2010, are amended and a new subdivision (a-1) is added to read as follows: Registration, TRAINING and notification of boards of directors or trustees of certain voluntary not-for-profit facilities or corporations. (a) Notwithstanding any other law, rule or regulation, the executive director, chairperson or president of a voluntary, not-for-profit corpo- ration or facility which is subject to the jurisdiction of the office [for people with developmental disabilities] shall furnish annually to the commissioner a list of the names and addresses of the current members of the board of directors or trustees of such facility or corpo- ration TOGETHER WITH THE LAST DATE OF THE CURRENT MEMBERS' OR TRUSTEES' COMPLETION OF THE TRAINING REQUIREMENTS. HOSPITALS OPERATED PURSUANT TO ARTICLE TWENTY-EIGHT OF THE PUBLIC HEALTH LAW SHALL NOT BE REQUIRED TO FURNISH COMPLETION OF TRAINING REQUIREMENTS TO THE COMMISSIONER. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO EXEMPT SUCH HOSPITALS FROM THE APPLICABLE REQUIREMENTS OF THE PUBLIC HEALTH LAW. Failure to furnish [such] AN annual list OF NAMES AND ADDRESSES OF CURRENT MEMBERS OF THE BOARD OF DIRECTORS OR TRUSTEES shall remove such facility or corporation from consideration for recertification. (A-1) THE OFFICE SHALL ESTABLISH NO LATER THAN OCTOBER THIRTY-FIRST, TWO THOUSAND THIRTEEN MINIMUM TRAINING REQUIREMENTS FOR ALL MEMBERS OF THE BOARD OF DIRECTORS OR TRUSTEES OF A VOLUNTARY, NOT-FOR-PROFIT CORPO- RATION OR FACILITY WHICH IS SUBJECT TO THE JURISDICTION OF THE OFFICE, WITH THE EXCEPTION OF HOSPITALS OPERATED PURSUANT TO ARTICLE TWENTY-EIGHT OF THE PUBLIC HEALTH LAW. SUCH TRAINING SHALL INCLUDE, BUT NOT BE LIMITED TO, THE FIDUCIARY RESPONSIBILITIES OF BEING A BOARD MEMBER OR TRUSTEE AND SHALL PROVIDE MEMBERS OR TRUSTEES WITH THE TOOLS AND BEST PRACTICES NECESSARY TO EFFECTIVELY SERVE IN SUCH CAPACITY. S 3. The section heading and subdivision (a) of section 32.37 of the mental hygiene law, as added by chapter 558 of the laws of 1999, are amended and a new subdivision (a-1) is added to read as follows: Registration, TRAINING and notification of boards of directors or trustees of certain voluntary not-for-profit facilities or corporations. (a) Notwithstanding any other law, rule, or regulation, the executive director, chairperson or president of a voluntary, not-for-profit corpo- ration which has been issued an operating certificate by or has received funding from the office of alcoholism and substance abuse services shall furnish annually to the commissioner of such office a list of the names and addresses of the current members of the board of directors or trus- tees of such corporation TOGETHER WITH THE LAST DATE OF THE CURRENT
MEMBERS' OR TRUSTEES' COMPLETION OF THE TRAINING REQUIREMENTS. HOSPI- TALS OPERATED PURSUANT TO ARTICLE TWENTY-EIGHT OF THE PUBLIC HEALTH LAW SHALL NOT BE REQUIRED TO FURNISH COMPLETION OF TRAINING REQUIREMENTS TO THE COMMISSIONER OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES. NOTHING IN THIS SUBDIVISION SHALL BE CONSTRUED TO EXEMPT SUCH HOSPITALS FROM THE APPLICABLE REQUIREMENTS OF THE PUBLIC HEALTH LAW. Failure to furnish [such] AN annual list OF NAMES AND ADDRESSES OF CURRENT MEMBERS OF THE BOARD OF DIRECTORS OR TRUSTEES may remove such FACILITY OR corporation from consideration for recertification or refunding. (A-1) THE OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES SHALL ESTABLISH NO LATER THAN OCTOBER THIRTY-FIRST, TWO THOUSAND THIRTEEN MINIMUM TRAINING REQUIREMENTS FOR ALL MEMBERS OF THE BOARD OF DIRECTORS OR TRUSTEES OF A VOLUNTARY, NOT-FOR-PROFIT CORPORATION OR FACILITY WHICH IS SUBJECT TO THE JURISDICTION OF SUCH OFFICE, WITH THE EXCEPTION OF HOSPITALS OPERATED PURSUANT TO ARTICLE TWENTY-EIGHT OF THE PUBLIC HEALTH LAW. SUCH TRAINING SHALL INCLUDE, BUT NOT BE LIMITED TO, THE FIDUCIARY RESPONSIBILITIES OF BEING A BOARD MEMBER OR TRUSTEE AND SHALL PROVIDE MEMBERS OR TRUSTEES WITH THE TOOLS AND BEST PRACTICES NECESSARY TO EFFECTIVELY SERVE IN SUCH CAPACITY. S 4. This act shall take effect on the ninetieth day after it shall have become a law; provided, however, that 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 and directed to be made and completed on or before such effective date.

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