Bill S3865-2013

Requires providers of services for the developmentally disabled to perform certain duties

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.

Details

Actions

  • Jan 8, 2014: REFERRED TO MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES
  • Apr 24, 2013: REPORTED AND COMMITTED TO FINANCE
  • Feb 25, 2013: REFERRED TO MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES

Meetings

Votes

VOTE: COMMITTEE VOTE: - Mental Health and Developmental Disabilities - Apr 24, 2013
Ayes (7): Carlucci, Ball, Felder, Hannon, Seward, Zeldin, Adams
Ayes W/R (4): Bonacic, Tkaczyk, Krueger, Latimer

Memo

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.


Text

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.

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