What's happening
This bill increases the required annual inspections of mental hygiene facilities and allows board members and approved individuals to accompany inspectors as independent monitors.
Why it matters
Increases oversight and accountability. by requiring more frequent surprise inspections (from two to three annually, or from one to two for facilities with strong records), which may help catch problems earlier and deter poor practices.
Expands transparency and community involvement. by allowing board members and other commissioner-approved individuals to join inspections as independent monitors, potentially increasing public trust and ensuring a wider range of perspectives during reviews.
Improves protection for vulnerable populations. by mandating more regular checks on key areas like health care, safety procedures, and abuse prevention, which could lead to higher standards of care and quicker identification of issues.
Strengthens the role of local oversight bodies. (boards of visitors) by requiring they be notified of inspections and permitting their involvement, empowering stakeholders who represent families and communities served by these facilities.
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Who cares
Headline styles
Increase Facility Inspections
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to mental health and developmental disabilities
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.
Increase Facility Inspections
In Assembly Committee · Mental Health · Sponsor Felix Ortiz
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
8457
IN SENATE
May 8, 2018
Introduced by Sen. COMRIE -- read twice and ordered printed, and when printed to be committed to the Committee on Mental Health and Developmental Disabilities
AN ACT to amend the mental hygiene law, in relation to increasing the frequency of visitation and inspection of facilities per year
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Paragraph 1 of subdivision (a) of section 16.11 of the mental hygiene law, as added by section 10 of part MM of chapter 58 of the laws of 2015, is amended to read as follows:
(1) The review of facilities issued an operating certificate pursuant to this article shall include periodic visitation and review of each facility. Reviews shall be made as frequently as the commissioner may deem necessary but in any event such inspections shall be made on at least [two] three occasions during each calendar year which shall be without prior notice, provided, however, that where, in the discretion of the commissioner, an operating certificate has been issued to a program with a history of compliance and a record of providing a high quality of care, the periodic inspection and visitation required by this subdivision shall be made at least [once] twice during each calendar year provided such [visit] visits shall be without prior notice, provided, however, that the commissioner provide notice to members of the applicable board of visitors. Any member or members of a board of visitors, appointed pursuant to section 13.33 of this title, and any other individual or individuals the commissioner at his or her discretion approves, may accompany inspectors during the state's periodic visitations and inspections conducted pursuant to this section as independent monitors. Areas of review shall include, but not be limited to, a review of a facility's: physical plant, fire safety procedures, health care, protective oversight, abuse and neglect prevention, and reporting procedures.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08974-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the mental hygiene law, in relation to increasing the frequency of visitation and inspection of facilities per year
Purpose
This bill increases the number of inspections conducted at facilities operated and/or licensed by the Office of People with Developmental Disabilities from two to three per year and to allow for independent monitors to accompany inspectors during such inspections.
Summary of provisions
Section 1 of the bill amends subdivision (a) of section 16.11 of the mental hygiene law to increase the number of periodic visitations and inspections of each facility from a minimum of two to a minimum of three, making them unannounced and allowing members of the board of visitors and other independent monitors approved by the Commissioner to accompany inspectors. It also increases the number of unannounced inspections of facilities that have a history of compliance and a record of providing high quality of care from a minimum of one to a minimum of two per year.
Existing law
Section 16.11(a) provides for a minimum two inspections of each facility per year, at least one of which shall be without prior notice. It also provides that where, in the discretion of the commissioner, an operating certificate has been issued to a program with a history of compliance and a record of providing a high quality of care, the periodic inspection and visitation shall be made at least once during each calen- dar year without prior notice.
Justification
Caring for our most vulnerable developmentally disabled citizens is an important job carried out by many dedicated workers and agencies throughout the state. In order to insure that individuals are cared for in a manner that meets our highest standards, New York State conducts visitations and inspections of facilities that it operates and/or licenses each year. This bill allows members of a board of visitors and other individuals, if approved by the Commissioner, to accompany inspec- tors and serve as independent monitors during inspections. It also provides for an extra inspection each year and insures that all inspections are unannounced. This bill will provide additional oversight and transparency to the existing inspection process.
Legislative history
None.
Fiscal implications
To be determined
Effective date
Immediately
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.