NY State Senate Bill 2011-S5793

Senate Bill S5793

Signed By Governor

2011-2012 Legislative Session

Relates to providing notice of abuse investigations at mental hygiene agencies

download bill text pdf

Archive: Last Bill Status - 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

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Sep 23, 2011	signed chap.588
Sep 12, 2011	delivered to governor
Jun 20, 2011	returned to senate passed assembly ordered to third reading rules cal.543 substituted for a8324 referred to codes delivered to assembly passed senate ordered to third reading cal.1412
Jun 16, 2011	referred to rules

Votes

- Jun 20, 2011 - Floor Vote
  S5793
  
  62
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 20, 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 20, 2011 - Rules Committee Vote
  S5793
  
  24
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 20, 2011
      
      aye (24)
      
      Alesi
      
      Breslin
      
      Dilan
      
      Duane
      
      Farley
      
      Hannon
      
      Hassell-Thompson
      
      Johnson
      
      Krueger
      
      LaValle
      
      Larkin
      
      Libous
      
      Marcellino
      
      Maziarz
      
      Montgomery
      
      Nozzolio
      
      Parker
      
      Perkins
      
      Saland
      
      Sampson
      
      Seward
      
      Skelos
      
      Smith
      
      Stewart-Cousins

2011-S5793 (ACTIVE) - Details

See Assembly Version of this Bill:: A8324
Law Section:: Mental Hygiene Law
Laws Affected:: Amd §5.05, Ment Hyg L

2011-S5793 (ACTIVE) - Summary

Relates to providing notice of abuse investigations at mental hygiene agencies.

2011-S5793 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S5793

TITLE OF BILL:
An act
to amend
the mental hygiene law, in relation to providing notice of abuse
investigations at mental hygiene agencies

PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this bill is to ensure
abuse and neglect investigations continue if an employee subject to
the investigation resigns prior to the completion of the investigation.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1 of the bill provides that
all new contracts with agencies and providers licensed by the offices
require that notice be provided to all current and new employees
stating that all instances of abuse shall be investigated pursuant to
the Mental Hygiene Law, and, if an employee leaves employment prior
to the conclusion of a pending abuse investigation, the investigation
shall continue.

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.

It has come to the attention of the Assembly that instances of "quiet
resignations" occur at Mental Hygiene agencies, where employees have
been permitted to "quietly" resign in the face of abuse allegations,
enabling them to work in other facilities and again victimize
consumers.

This bill is designed to ensure that abuse and neglect
investigations get completed which will protect persons receiving
services, as well as for other providers which now have no way of
knowing whether they are hiring an employee with a record of abuse
and neglect.

PRIOR LEGISLATIVE HISTORY:
New bill.

FISCAL IMPACT:
None.

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

2011-S5793 (ACTIVE) - Bill Text download pdf

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

                                  5793

                       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 providing  notice
  of abuse investigations at mental hygiene agencies

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

  Section 1.   Section 5.05 of the mental  hygiene  law  is  amended  by
adding a new subdivision (e) to read as follows:
  (E)  THE  COMMISSIONERS  OF  THE  OFFICE  OF MENTAL HEALTH, OFFICE FOR
PEOPLE WITH DEVELOPMENTAL DISABILITIES, AND THE OFFICE OF ALCOHOLISM AND
SUBSTANCE ABUSE SERVICES SHALL CAUSE TO  HAVE  ALL  NEW  CONTRACTS  WITH
AGENCIES  AND PROVIDERS LICENSED BY THE OFFICES TO HAVE A CLAUSE REQUIR-
ING NOTICE BE PROVIDED TO ALL CURRENT AND NEW EMPLOYEES OF SUCH AGENCIES
AND PROVIDERS STATING THAT ALL INSTANCES OF ABUSE SHALL BE  INVESTIGATED
PURSUANT TO THIS CHAPTER, AND, IF AN EMPLOYEE LEAVES EMPLOYMENT PRIOR TO
THE CONCLUSION OF A PENDING ABUSE INVESTIGATION, THE INVESTIGATION SHALL
CONTINUE.  NOTHING  IN  THIS  SECTION  SHALL  BE  DEEMED TO DIMINISH THE
RIGHTS, PRIVILEGES, OR REMEDIES OF ANY EMPLOYEE UNDER ANY OTHER  LAW  OR
REGULATION  OR  UNDER  ANY COLLECTIVE BARGAINING AGREEMENT OR EMPLOYMENT
CONTRACT.
  S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13054-02-1

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