What's happening
This bill requires new oversight, auditing, and policies to safeguard cash accounts for people with developmental disabilities in facilities.
Why it matters
Strengthens financial protections. for people with developmental disabilities by requiring regular audits and oversight of their personal cash accounts in facilities, reducing risks of theft, fraud, or mismanagement.
Standardizes procedures statewide. , ensuring that all facilities follow clear, uniform policies on auditing, handling, and documenting residents’ funds, which promotes accountability and transparency.
Introduces specific controls over gift card use. on behalf of residents, requiring these purchases to be tracked in personal expenditure plans and reported to supervisors, closing a loophole that could be exploited for misuse.
Bans the use of self-generated meal receipts. by staff as proof of spending from residents’ accounts, addressing a common avenue for falsifying transactions and ensuring only legitimate, third-party documentation is accepted.
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Who cares
Headline styles
Protect Facility Resident Funds
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Referred to mental health
- Print number 5083a
- Amend and recommit to mental health
- Referred to mental health
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.
Protect Disabled Residents’ Money
In Assembly Committee · Mental Health · Sponsor John E. Brooks
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5083--A
2019-2020 Regular Sessions
IN ASSEMBLY
February 7, 2019
Introduced by M. of A. JEAN-PIERRE, VANEL -- read once and referred to the Committee on Mental Health -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee
AN ACT to amend the mental hygiene law, in relation to safeguarding cash accounts for people with developmental disabilities in a facility
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision (f) of section 16.11 of the mental hygiene law is relettered subdivision (g) and a new subdivision (f) is added to read as follows:
(f) The commissioner shall provide for the oversight of facilities and providers of services holding operating certificates pursuant to section 16.03 of this article by:
(1) developing a statewide policy mandating audits for residents' cash accounts including the frequency of the audits, who is responsible for conducting the audits, and policies and procedures for how the audits will be conducted;
(2) developing a uniform system for audits of residents' cash accounts to assist supervisors in audits;
(3) providing training directly to anyone required to conduct audits of residents' cash accounts, including information regarding audit policies and practices of residents' cash accounts;
(4) developing a policy on the purchase and use of gift cards by or on behalf of residents, including, but not limited to, requirements that supervisory staff include gift cards in residents' personal expenditure plans and notification to supervisors of the purchase or delivery of a gift card to a resident; and
(5) prohibiting the use of self-generated receipts as evidence of a meal purchased by cash custodians for meals outside the residence.
§ 2. This act shall take effect on the one hundred twentieth day after it shall have become a law. Effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized to be made and completed on or before such effective date.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06816-03-9
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.