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

1 Co-sponsor

• Shirley L. Huntley

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

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

Summary of provisions

Section one of the bill adds a new section 33.06 entitled "Reports of Abuse or Mistreatment" to the Mental Hygiene Law. Section two of the bill amends paragraph one of subdivision (c) of section 45.07 of the mental hygiene law, as amended by Chapter 323 of the Laws of 2008, as described in the bill. Section three of the bill provides for an effective date of 180 days after enactment.

Justification

Last year, both houses of our legislature unanimously approved legislation (A.8972A/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 Governor's office and state agencies. This new bill contains parts of compromise language that will enable the Commissioners of the relevant agencies 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.

Legislative history

2009 - S.5930 Vetoed 44

Fiscal implications

Minimal, but undetermined.

Effective date

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