NY State Senate Bill 2011-S5792

Senate Bill S5792

Signed By Governor

2011-2012 Legislative Session

Relates to designating the ombudsman as an employee of the commissioner on quality of care and advocacy for persons with disabilities

download bill text pdf

Archive: Last Bill Status Via A8322 - Signed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Sep 23, 2011	signed chap.542
Sep 12, 2011	delivered to governor
Jun 22, 2011	returned to assembly passed senate 3rd reading cal.1507 substituted for s5792
Jun 22, 2011	substituted by a8322 ordered to third reading cal.1507
Jun 16, 2011	referred to rules

Votes

- Jun 22, 2011 - Floor Vote
  A8322
  
  62
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 22, 2011
      
      aye (62)
      
      Adams
      
      Addabbo Jr.
      
      Alesi
      
      Avella
      
      Ball
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Duane
      
      Espaillat
      
      Farley
      
      Flanagan
      
      Fuschillo
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Grisanti
      
      Hannon
      
      Hassell-Thompson
      
      Huntley
      
      Johnson
      
      Kennedy
      
      Klein
      
      Krueger
      
      Kruger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Libous
      
      Little
      
      Marcellino
      
      Martins
      
      Maziarz
      
      McDonald
      
      Montgomery
      
      Nozzolio
      
      O'Mara
      
      Oppenheimer
      
      Parker
      
      Peralta
      
      Perkins
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Saland
      
      Sampson
      
      Savino
      
      Serrano
      
      Seward
      
      Skelos
      
      Smith
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Valesky
      
      Young
      
      Zeldin
  Jun 22, 2011 - Rules Committee Vote
  S5792
  
  23
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 22, 2011
      
      aye (23)
      
      Alesi
      
      Breslin
      
      Dilan
      
      Duane
      
      Farley
      
      Hannon
      
      Hassell-Thompson
      
      Johnson
      
      Krueger
      
      LaValle
      
      Larkin
      
      Libous
      
      Marcellino
      
      Maziarz
      
      Montgomery
      
      Parker
      
      Perkins
      
      Saland
      
      Sampson
      
      Seward
      
      Skelos
      
      Smith
      
      Stewart-Cousins
      
      aye wr (1)
      
      Nozzolio

2011-S5792 (ACTIVE) - Details

See Assembly Version of this Bill:: A8322
Law Section:: Mental Hygiene Law
Laws Affected:: Amd §13.34, Ment Hyg L

2011-S5792 (ACTIVE) - Summary

Relates to designating the ombudsman as an employee of the commissioner on quality of care and advocacy for persons with disabilities.

2011-S5792 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S5792

TITLE OF BILL:
An act
to amend the mental hygiene law, in relation to
designating the ombudsman
as an employee of the commission on quality of care and advocacy for
persons with disabilities

PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this bill is to
reinforce that the Office for People with Developmental Disabilities
ombudsman is an independent advocate by making them an employee of
the Commission on Quality of Care and Advocacy for Persons with
Disabilities.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1 of the bill makes the Office
for People with Developmental Disabilities ombudsman an employee of
the Commission on Quality of Care and Advocacy for Persons with
Disabilities.

JUSTIFICATION:
The New York Times recently published an article which
chronicled allegations of abuse and mistreatment of residents with
developmental disabilities in group homes. As a result, the Assembly

held a series of statewide public hearings aimed at carefully
examining the quality of care and safety measures in homes for
individuals' with developmental disabilities.

Under current law, each district office of the Office for People with
Developmental Disabilities has an ombudsman that is employed by the
office. The ombudsman's duties include advocating for people
receiving services at state facilities. The Commission on Quality of
Care and Advocacy for Persons with Disabilities has a similar role
with all the mental hygiene agencies. Making the ombudsman an
employee of the Commission rather than the Office for People with
Developmental Disabilities will allow the ombudsman and Commission to
better pool resources and coordinate efforts in advocating for
persons with developmental disabilities.

PRIOR LEGISLATIVE HISTORY:
New bill.

FISCAL IMPACT:
None.

EFFECTIVE DATE:
This act shall take effect on the ninetieth day after
it shall have become a law.

2011-S5792 (ACTIVE) - Bill Text download pdf

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

                                  5792

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              June 16, 2011
                               ___________

Introduced  by Sen. McDONALD -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

AN ACT to amend the mental hygiene law, in relation to  designating  the
  ombudsman  as  an  employee  of  the commission on quality of care and
  advocacy for persons with disabilities

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivisions  1,  2  and 3 of section 13.34 of the mental
hygiene law, as added by chapter 57 of the laws of 1987, are amended  to
read as follows:
  1.  There  shall  be  at  each developmental center facility listed in
section 13.17 of this [chapter] ARTICLE, an ombudsman who  shall  be  an
employee  of the [office] COMMISSION ON QUALITY OF CARE AND ADVOCACY FOR
PERSONS WITH DISABILITIES UNDER ARTICLE FORTY-FIVE OF THIS  CHAPTER  and
who  shall be responsible for receiving and responding to any complaints
regarding individual clients residing in such  facility.  The  ombudsman
shall have the following powers and duties:
  i.  to  advise and consult with parents, guardians, correspondents and
other interested persons with  respect  to  any  complaints,  or  issues
related to the conditions of clients' residents;
  ii. to review and attempt to remedy specific complaints with responsi-
ble and appropriate staff;
  iii.  where  it appears that care has not been rendered as required by
applicable standards to refer the complaint to the appropriate agency or
body for its attention;
  iv. to receive and keep confidential  any  complaint,  information  or
inquiry from any source. The records of the ombudsman shall be confiden-
tial, and shall not be available to the public;
  v.  to  advise  and consult with the board of visitors of the develop-
mental center served by the ombudsman with respect to any complaints  or

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13037-01-1

S. 5792                             2

issues  relating  to  conditions  of client's residence and to regularly
attend the meetings of such board; AND
  VI.  TO MEET WITH THE COMMISSIONER, OR A REPRESENTATIVE OF THE COMMIS-
SIONER, ON A QUARTERLY BASIS REGARDING SYSTEMIC ISSUES  IN  THE  OMBUDS-
MAN'S JURISDICTION.
  2. The president of the board of visitors of each developmental center
facility  listed  in  section 13.17 of this [chapter] ARTICLE, shall, in
consultation with the members of such board, recommend three persons  to
serve  as  ombudsman at the facility. In making such recommendation, the
president shall also consider the expressed opinion of parents,  guardi-
ans and correspondents of clients residing at such facility. The persons
so  recommended  as ombudsman shall have expressed an active interest or
shall have had professional knowledge in advocating for persons who  are
mentally  disabled. The [commissioner] COMMISSION ON QUALITY OF CARE AND
ADVOCACY FOR PERSONS WITH DISABILITIES shall select one  of  the  recom-
mended  persons  as  ombudsman.  The  ombudsman may only be removed from
office for just cause. An individual appointed as ombudsman shall be  an
exempt  class  employee  as  defined  by  section forty-one of the civil
service law and may be removed by the commissioner upon the  recommenda-
tion  of  the president of the board of visitors, for cause after notice
and opportunity for a hearing on the charges.
  3. The ombudsman shall be afforded initial training and orientation by
the commission on quality of care [for the mentally disabled] AND  ADVO-
CACY FOR PERSONS WITH DISABILITIES.
  S  2.  This  act shall take effect on the ninetieth day after it shall
have become a law.

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