What's happening
This bill changes the required annual assessment for community guardianship from two psychiatrists or a psychologist to a broader range of qualified professionals.
Why it matters
Expanding the pool of professionals allowed to conduct annual assessments (to include physicians, nurse clinicians, social workers, and others). could make it easier and faster for the community guardianship program to comply with review requirements, potentially reducing administrative delays and costs.
Broader eligibility for assessors may improve access to guardianship reviews. for individuals in rural or underserved areas where psychiatrists and psychologists are in short supply, increasing equity in oversight for vulnerable populations.
Allowing a wider range of professionals to evaluate wards’ conditions and functional levels. could provide a more holistic view of individuals’ needs, as social workers and nurse clinicians may offer perspectives beyond strictly medical or psychiatric factors.
Changing who can prepare assessment statements might affect the consistency and rigor of reviews. , raising questions about training, standards, and accountability for professionals newly eligible to make such determinations.
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Who cares
Headline styles
Update Guardianship Assessment Rules
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to aging
- Referred to aging
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Ease Guardianship Review Rules
In Senate Committee · Rules · Sponsor Matthew Titone
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5485
2017-2018 Regular Sessions
IN SENATE
March 31, 2017
Introduced by Sen. SAVINO -- read twice and ordered printed, and when printed to be committed to the Committee on Aging
AN ACT to amend the social services law, in relation to the community guardianship program
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Paragraph (g) of subdivision 3 of section 473-d of the social services law, as added by chapter 846 of the laws of 1986 and such section as renumbered by chapter 395 of the laws of 1995, is amended to read as follows:
(g) the community guardian program shall obtain [annual assessments from two qualified psychiatrists or one qualified psychiatrist and one qualified psychologist who are independent of the community guardian program of persons for whom it serves as committee or conservator to determine whether continuation of the guardianship is necessary, and the appointing court shall be informed of the results of such assessments and may discharge the community guardian program as conservator or committee pursuant to sections 77.35 and 78.27 of the mental hygiene law] annually a statement prepared by a physician, psychologist, nurse clinician, or social worker, or other person evaluating the condition and functional level of a person for whom the community guardian program serves as guardian pursuant to paragraph five of subdivision (b) of section 81.31 of the mental hygiene law;
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10504-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the social services law, in relation to the community guardianship program
Summary of specific provisions
At present, subparagraph (g) of paragraph 3 of section 473-d of the Social Services Law requires that community guardian programs obtain assessments of their clients by two mental health professionals each year. These assessments are intended to be used to determine whether the guardianship continues to be necessary.
Section one of this bill would eliminate this requirement and instead require a report by a doctor or psychologist or other person who has evaluated the client in the three months prior to the filing of the report regarding the client's condition and current functional level. This report is already required by paragraph 5 of subdivision (b) of section 81.31 of the Mental Hygiene Law.
Justification
Current Social Services Law requires that clients of a community guardian program be assessed yearly by two mental health professionals. These assessments help determine whether continued guardianship is needed. This requirement is no longer necessary in light of provisions of the Mental Hygiene Law. In particular, section 81.31 of the mental Hygiene Law requires that every guardian file an annual report with the court covering a range of issues. One component of the report is a statement by a physician, psychologist, nurse clinician or social worker or other person who has recently evaluated the client regarding the client's condition and his or her functional level. Since an evaluation of each client must now be conducted, it is redundant to require that two mental health professionals must also assess the client. During these difficult financial times, the City strains to safeguard vital services while implementing cost saving measures. Funds spent by localities on contracts for these assessments could be directed elsewhere rather than supporting duplicative and unnecessary evaluations.
Legislative history
In the Senate: new bill. In the Assembly: 2011-2016 - Mental Health Committee.
Fiscal implications
None.
Effective date
Immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.