Establishes a quality workers care task force

5 Co-sponsors

• Barbara Lifton
• Ellen C. Jaffee
• Harvey Weisenberg
• Donna Lupardo
• Mark J.F. Schroeder

BILL NUMBER:A7656A

Title of bill

An act to amend the mental hygiene law, in relation to establishing the task force on quality workers care

Purpose

This bill establishes a Task Force on Quality Workers Care to study and make recommendations on the various aspects of workers serving those individuals served by the mental hygiene system including quali- fications for employment, staffing ratios and the use of overtime, and employee retention, training and whistle blower protections.

Summary of provisions

Section one of the bill adds a new section 3327 of the mental hygiene law to create a Task Force on Quality Workers Care within the Department of Mental Hygiene to study and make recommenda- tions regarding those who are receiving services in programs and facili- ties licensed, certified or operated by OHM and OMRDD. The Task Force is charged with studying worker qualifications, education and training requirements, staffing levels, compensation benefit packages and employ- ee retention, issues of overtime, continuing education and training programs, whistle blower protections and any other subjects the Task Force deems appropriate.

The Task Force would be chaired by the Commissioner of OHM and would be comprised of the Commissioners of OMRDD, DOL, OCFS, DOH, SED, a repre- sentative of CQCAPD, provider agencies, patient advocates, and parents or legal guardians. The Task Force is charged with reporting on its findings by December 1, 2011.

Section two of the bill provides for an effective date on the 90th day after is shall have become law.

Justification

The protection of individuals served by the mental hygiene system, who represent some of societies' most vulnerable citi- zens, is of the utmost concern. Many of these individuals must rely on workers to meet their most basic needs and may not even be able to communicate verbally. Workers in the mental hygiene system are, general- ly speaking, underpaid, overworked and committed to caring for this very needy population. There are many issues of concern to workers, adminis- trations, clients and parents that should be looked at in a holistic and organized manner.

The recent death of Jonathan Carey highlighted the problem of overtime.

As the Senate Mental Health Committee heard in testimony at its April 5, 2007 public hearing on the use of restraints, one of the workers indicted for Jonathan's death had apparently worked many multiple shifts just before Jonathan's death. Clearly discussion and consensus around the question of how many shifts a direct care worker should be able to work when taking care of such vulnerable individuals is needed. However, this question must be considered as part of the whole discussion about benefit packages, staffing and recruitment and retention.

This Task Force would be charged with looking at the various aspects of quality workers and report back to the legislature and Governor in December 2011.

Legislative history

2008 - A11231 - VETOED MEMO, 39

Fiscal implications

Minimal as the members of the Task Force do not receive salaries.

Effective date

90 days after it shall have become law provided changes needed to any rules or regulations for the implementation of this action may be completed on or before the effective date.