Requires providers of services for the developmentally disabled to perform certain duties relating to providing an independent medical examination whenever an allegation of abuse or neglect of a child or adult is reported.
BILL NUMBER:S3865 REVISED 4/24/13
TITLE OF BILL: An act to amend the mental hygiene law, in relation to duties of providers of services for the developmentally disabled
PURPOSE OR GENERAL IDEA OF BILL: To require there must be an independent medical evaluation of an individual who is mentally disabled if there is an allegation of abuse.
SUMMARY OF SPECIFIC PROVISIONS: Section 31.11 of the Mental Hygiene Law is amended by adding a new subdivision 6.
JUSTIFICATION: Any time abuse of an individual who is disabled is suspected, there is a medical evaluation. However, the group home or non-profit agency often sends the client to a medical professional who is affiliated with the group home or a medical professional who is on the board of the home or non-profit agency. This legislation would require that the medical evaluation be completed by a medical professional who has no affiliation whatsoever with the organization. In this way the evaluation is completely unbiased.
PRIOR LEGISLATIVE HISTORY: 2012 - A9619/S.7006 - Held in Assembly Mental Health/ Reported to Senate Finance
FISCAL IMPLICATIONS: Needs to be determined
EFFECTIVE DATE: Immediately.
STATE OF NEW YORK ________________________________________________________________________ 3865 2013-2014 Regular Sessions IN SENATE February 25, 2013 ___________Introduced by Sen. CARLUCCI -- 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 duties of provid- ers of services for the developmentally disabled THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 31.11 of the mental hygiene law is amended by adding a new subdivision 6 to read as follows: 6. PROVIDING AN INDEPENDENT MEDICAL EXAMINATION AT A HOSPITAL, URGENT CARE OR SIMILAR INSTITUTION WHENEVER AN ALLEGATION OF ABUSE OR NEGLECT OF A CHILD OR ADULT UNDER SUCH CARE IS REPORTED. S 2. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07652-01-3