Relates to adult care facilities under the jurisdiction of the justice center for the protection of people with special needs

Section 2 of the bill would make it effective six months days after the bill is signed into law.

Statement in support

SSL § 488(4) defines those facilities and provider agencies that are under the jurisdiction of the Justice Center for purposes of reporting allegations of reportable incidents, and providing protections to individuals served by them. Under SSL § 488(1), "reportable incidents" include seven types of abuse, neglect and other significant incidents set forth in law and regulations. With respect to adult care facilities defined in SSL Article 7, only those facilities or programs that meet two criteria are included in the Justice Center's jurisdiction: those facilities or programs that (1) have a licensed capacity of 80 or more beds; and (2) in which at least 25% of the residents are persons with serious mental illness as defined by Mental Hygiene Law § 1.03(52); but not including adults homes or enriched housing programs that are authorized to operate 55% or more of their total licensed capacity of beds as assisted living program beds pursuant to SSL § 461-1.

Thus under the current statutory framework, adult care facilities may fall within and outside the jurisdiction of the Justice Center at any given time, depending on their populations. As a result, when the Justice Center became operational on June 30, 2013, there were 42 facilities under its jurisdiction. Based on population changes at particular facilities, that number fell to a low of 27 facilities, rose to 30 facilities in October 2015, and fell to a new low of 25 facilities in December 2015. It is difficult to justify providing the protections of the Justice Center to residents of a facility on one day, and not the next, based on a minor change in the population of patients at a particular facility, and based on a factor that likely has little to do with the safety of patients at the facility.

The Justice Center's Advisory Council, whose members include representatives from boards of visitors, consumers of services, family members and guardians of service recipients, providers of services, advocates, and employees of facilities or provider agencies, is charged with advising and assisting the Justice Center in developing policies and programs to carry out its functions, powers and duties, and in advising the Justice Center on any matter related to improving the quality of life of citizens of the State who have disabilities. Executive Law § 561(1), (6). As part of this authorization, the Advisory Council has recommended that all adult care facilities licensed under SSL Article 7 be included within the jurisdiction of the Justice Center.

Prior legislative history

This is a new bill.

Fiscal implications

This bill would be implemented within the Justice Center's existing resources.

Local impact

This bill would have no known impact on local governments.

Effective date

This bill would take effect six months days after it is signed into law.