Relates to providing notice of abuse investigations at mental hygiene agencies

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.