What's happening
This bill increases the required number of unannounced inspections for mental hygiene facilities and allows independent monitors to accompany inspectors.
Why it matters
Increased inspection frequency may lead to earlier detection of problems. By requiring more unannounced inspections (from two to three per year, and from one to two for high-performing facilities), the bill aims to catch issues like abuse, neglect, or safety violations sooner, potentially preventing harm to residents.
Allowing independent monitors can strengthen transparency and accountability. Permitting board of visitors members and other approved individuals to accompany inspectors introduces an outside perspective, which may increase trust in the inspection process and deter misconduct by staff or administration.
Broader oversight could improve quality of care. With more frequent and potentially more rigorous inspections, facilities may be incentivized to maintain higher standards in areas such as fire safety, healthcare, and abuse prevention, resulting in better outcomes for individuals receiving mental health services.
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Who cares
Headline styles
Increase Facility Inspections Yearly
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 14
No co-sponsors yet.
History
- Referred to mental health and developmental disabilities
- 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 Yearly
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
2441
2019-2020 Regular Sessions
IN SENATE
January 24, 2019
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.
LBD08253-01-9
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
2018: S 8457 COMRIE Same as A 5121 Ortiz
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.