Requires the establishment of procedures or mechanisms to receive allegations of abuse or mistreatment of patients served by programs licensed or operated under the mental hygiene law; repealer

21 Co-sponsors

• Aileen Gunther
• Dennis H. Gabryszak
• Alan Maisel
• Mark J.F. Schroeder
• Felix Ortiz
• Michael G. Miller
• Vivian Cook
• Matthew Titone
• Annette Robinson
• Kevin Cahill
• Jose Rivera
• Michelle Schimel
• Mike Spano
• Ginny Fields
• Nelson Castro
• Ellen C. Jaffee
• Linda Rosenthal
• William Boyland
• Joan Millman
• Albert A. Stirpe
• Adriano Espaillat

32 Multi-sponsors

• Thomas Alfano
• Inez Barron
• James Conte
• Clifford Crouch
• Francine DelMonte
• Jeffrey Dinowitz
• Janet Duprey
• Joseph Errigo
• Gary Finch
• Sandy Galef
• Vanessa Gibson
• Joseph Giglio
• Timothy P. Gordon
• Stephen Hawley
• Janele Hyer-Spencer
• Susan John
• Tony Jordan
• Brian Kolb
• Margaret Markey
• David McDonough
• Thomas McKevitt
• Marcus Molinaro
• N. Nick Perry
• Audrey Pheffer
• Andrew Raia
• Peter Rivera
• Joseph Saladino
• William Scarborough
• Frank Skartados
• Robert Sweeney
• Louis Tobacco
• David Townsend

BILL NUMBER:A9825A REVISED 3/3/10

Title of bill

An act to amend the mental hygiene law, in relation to the establishment of procedures or mechanisms to receive allegations of abuse or mistreatment of individuals served by agencies and providers licensed or operated under the mental hygiene law

Purpose or general idea of bill

To establish toll free numbers for the reporting of abuse of persons with disabilities being served by state licensed or operated facilities.

Summary of specific provisions

Subdivision 6 of section 29.29 of the mental hygiene law is repealed and a new subdivision 6 is added as described in the bill; and paragraph of subdivision (c) of section 45.07 of the mental hygiene law, as amended by chapter 323 of the laws of 2008, is amended as described in the bill.

Justification

Last year, both houses of our legislature unanimously approved legislation (A.8972-A/S.5930-A) creating a toll free hotline to report the abuse or mistreatment of adults with developmental and or mental disabilities who are served by state licensed and state operated residential care facilities. Citing fiscal concerns and duplication of some existing hotlines, the Governor vetoed the bill last year.

Since that time, a series of meetings have taken place with the Gover- nor's office and state agencies. This new bill contains parts of compro- mise language that will enable the Commissioners of the relevant agen- cies to establish procedures for a hotline. While some of the state agencies currently operate toll-free hotlines, their existence is not in law and not statutorily required. This bill would remedy that situation.

Some of our state's mentally disabled adults have cognitive functioning that is less than a non-disabled child. This makes them vulnerable to abuse in situations where they are unable to speak for themselves or to successfully relate an incident. The creation of a hotline will better ensure the reporting of abuse and suspected abuse of these vulnerable individuals, who are adults by law, but lack many of the adult skills necessary to advocate for themselves in an abusive situation.

Prior legislative history

A.8972-A/S.5930-A of 2009 (Veto #44 of 2009)

Fiscal implications

Minimal, but undetermined.

Effective date

Effective on the one hundred eightieth day after it shall have become a law.