Relates to the treatment of property of patients of mental hygiene facilities

BILL NUMBER:S3019

Title of bill

An act to amend the mental hygiene law, in relation to powers with respect to the property of patients

Purpose

This measure seeks to increase the value of funds or personal property the commissioner of OMRDD or OMH may authorize a facility director to receive on behalf of a person receiving residential services in an amount up to the Medicaid resource exclusion amount which is currently $13,050 from the current $5,000 limit.

Summary of provisions

Sections 1 and 2 of the bill amend sections 29.23 and section 3 amends section 33.07 of the mental hygiene law to allow the Commissioners of OMRDD and OMH to authorize a facility director to receive or obtain funds or other personal property on behalf of a person receiving residential services up to the limit set by the medical assistance exclusion for a single person as found in section 366.2 of the Social Services Law. The bill would also allow the Commissioners to authorize directors of mental hygiene facilities, including not-for-profit directors, to give receipts, execute releases and other documents required by law, to manage funds and personal property on behalf of consumers.

Section 3 provides for an immediate effective date.

Existing law

Section 29.23 of the mental hygiene law allows a director to handle consumer's funds up to a limit of $5,000.

Justification

Section 29.23 of the mental hygiene law currently limits a director of a mental hygiene department facility to handle a consumer's funds up to a limit of $5,000 or less. That limit was established in 1972 and has not increased with inflation. Items such as inheritances, Social Security retroactive payments or gifts are often valued above this limit. In order for a director to receive these items which are valued over $5,000 on behalf of a consumer, is often time-consuming and expensive because a legal proceeding becomes necessary.

This bill would bring the limit up to a far more reasonable level - $13,050 per person under current law - saving the State considerable time and expense by eliminating barriers to managing the use of funds in the best interests of consumers. This authority would apply to both State and not-for-profit directors. Additionally, it would conform current law to current practices in many instances and in other instances would facilitate the efficient and appropriate management of assets without using unnecessary time and cost spent in, for example, courts.

Legislative history

2009-10: S.4900 - Referred to Mental Health and Developmental Disabilities; A.6667

Fiscal implications

None.

Effective date

Immediately, with provisions.