Senate Bill S6666

2011-2012 Legislative Session

Establishes the institutional abuse and neglect intervention committee for vulnerable persons

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Archive: Last Bill Status - In Senate Committee Mental Health And Developmental Disabilities Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 08, 2012	referred to mental health and developmental disabilities

2011-S6666 (ACTIVE) - Details

Current Committee:: Senate Mental Health And Developmental Disabilities
Law Section:: Mental Hygiene Law
Laws Affected:: Add §45.23, Ment Hyg L

2011-S6666 (ACTIVE) - Summary

Establishes the institutional abuse and neglect intervention committee for vulnerable persons within the state commission on quality of care and advocacy for persons with disabilities to identify the most effective means for reporting institutional neglect of vulnerable persons.

2011-S6666 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S6666

TITLE OF BILL:
An act
to amend the mental hygiene law, in relation to establishing the
institutional abuse and neglect intervention committee for vulnerable
persons

PURPOSE:
Establishes the institutional abuse and neglect intervention committee
for vulnerable persons

SUMMARY OF PROVISIONS:
Section 1. Amends the mental hygiene law to add a new section 45.23 to
establish an institutional abuse and neglect intervention committee
for vulnerable persons. The committee is to be composed of
commissioners of relevant agencies, representatives of state and
regional provider organizations, mental health professionals, and
family representatives. The Governor shall appoint the members of the
committee. The committee shall identify the most effective means for
reporting institutional neglect to vulnerable persons including, but
not limited to, examining the need for uniform and coordinated
definitions and standards regarding abuse, maltreatment, and neglect,
outlining an immediate law enforcement notification protocol for
serious crimes, and examining the use of a twenty-four hour hotline
to receive and maintaining abuse allegations for facilities providing

care to this population. The committee shall also establish
recommendations for, among other things, reporting substantiated
cases between agencies and investigating substantiated reports.

Section 2. The committee is permitted to develop additional
recommendations as it deems appropriate. The recommendations shall be
included in a report submitted to the Legislature no later than April
1, 2013.

Section 3. This act shall take effect on the one hundred twentieth day
after it shall have become a law.

JUSTIFICATION:
Few would dispute that the developmentally disabled, the elderly, and
vulnerable persons are among the most at risk and defenseless
populations in our communities. A variety of issues are raised in the
context of providing a system which affords appropriate protection
and security for these populations.

For example, there exists a 24-hour hotline for the reporting of abuse
and neglect allegations of children. Yet, such a reporting system for
the developmentally disabled, the elderly, or vulnerable persons does
not exist. Few would argue, however, that these populations are not
also at-risk and defenseless within our communities. To that end, we
should ensure that all necessary and appropriate avenues of reporting

and investigation are available and accessible and that a
comprehensive system be put in place.

An important step in this process is a thorough evaluation of the
current infrastructure of reporting and investigation applicable to
cases of abuse and neglect of vulnerable populations, as well as any
discrepancies in legal definitions of abuse and neglect, law
enforcement responsiveness, and training of staff. The Institutional
Abuse and Neglect Intervention Committee for Vulnerable Persons will
examine these issues, as well as other pertinent concerns related to
abuse and neglect reporting for vulnerable persons, and will be
responsible for submitting recommendations and proposals to the
Legislature and the Governor.

LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
None.

LOCAL FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect on the one hundred twentieth day after it
shall have become a law.

2011-S6666 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6666

                            I N  S E N A T E

                              March 8, 2012
                               ___________

Introduced  by  Sen.  SALAND -- read twice and ordered printed, and when
  printed to be committed to the Committee on Mental Health and Develop-
  mental Disabilities

AN ACT to amend the mental hygiene law, in relation to establishing  the
  institutional  abuse and neglect intervention committee for vulnerable
  persons

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The mental hygiene law is amended by adding a new section
45.23 to read as follows:
S 45.23 INSTITUTIONAL  ABUSE  AND  NEGLECT  INTERVENTION  COMMITTEE  FOR
          VULNERABLE PERSONS.
  (A)  THERE  IS  HEREBY  ESTABLISHED WITHIN THE COMMISSION, AN INSTITU-
TIONAL ABUSE AND NEGLECT INTERVENTION COMMITTEE FOR VULNERABLE  PERSONS.
THE  COMMITTEE  SHALL  BE COMPRISED OF THE COMMISSIONER OF THE OFFICE OF
PERSONS WITH DEVELOPMENTAL DISABILITIES, THE COMMISSIONER OF THE  OFFICE
OF  MENTAL  HEALTH,  THE  COMMISSIONER OF ALCOHOLISM AND SUBSTANCE ABUSE
SERVICES, THE COMMISSIONER OF HEALTH, THE CHAIR OF  THE  COMMISSION,  AT
LEAST  TWO  REPRESENTATIVES OF STATE AND REGIONAL PROVIDER ORGANIZATIONS
THAT REPRESENT PROVIDERS OF RESIDENTIAL SERVICES TO THE DISABLED  COMMU-
NITY, AT LEAST TWO REPRESENTATIVES OF STATE AND REGIONAL PROVIDER ORGAN-
IZATIONS  THAT  REPRESENT PROVIDERS OF VULNERABLE PERSONS, INCLUDING THE
ELDERLY, AT LEAST TWO MENTAL HEALTH  PROFESSIONALS  WHO  PROVIDE  DIRECT
CARE  TO  VULNERABLE  PERSONS,  INCLUDING  THE ELDERLY, AND AT LEAST ONE
FAMILY REPRESENTATIVE.  REPRESENTATIVES SHALL BE APPOINTED BY THE GOVER-
NOR.
  (B) THE COMMITTEE SHALL IDENTIFY THE MOST EFFECTIVE MEANS FOR  REPORT-
ING INSTITUTIONAL NEGLECT OF VULNERABLE PERSONS AND SHALL:
  (I)  REVIEW ALL AGENCY GUIDELINES, REGULATIONS, AND STATUTORY REQUIRE-
MENTS REGARDING ABUSE, NEGLECT, AND MALTREATMENT IN FACILITIES;
  (II) EXAMINE THE NEED FOR, AND USE OF, UNIFORM AND  COORDINATED  DEFI-
NITIONS  AND  STANDARDS REGARDING ABUSE, MALTREATMENT AND NEGLECT ACROSS
AGENCIES PROVIDING FOR VULNERABLE PERSONS;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14800-03-2

S. 6666                             2

  (III) EXAMINE THE NEED FOR MEMORANDUMS OF UNDERSTANDING BETWEEN  AGEN-
CIES,  LOCAL  SOCIAL  SERVICES  DISTRICTS, AND LAW ENFORCEMENT REGARDING
APPROPRIATE RESPONSES TO  AND  INVESTIGATIONS  OF  ABUSE,  NEGLECT,  AND
MALTREATMENT CLAIMS WITHIN FACILITIES;
  (IV)  OUTLINE  AN IMMEDIATE RESPONSE PROTOCOL FOR ANY CLAIMS RISING TO
THE LEVEL OF A SERIOUS CRIME IN FACILITIES, INCLUDING  BUT  NOT  LIMITED
TO,  PHYSICAL  AND  SEXUAL  ABUSE  OF THOSE IN CARE. SUCH PROTOCOL SHALL
INCLUDE THE IMMEDIATE NOTIFICATION AND REFERRAL OF  SUCH  CASES  TO  LAW
ENFORCEMENT;
  (V) EXAMINE THE USE OF A TWENTY-FOUR HOUR HOTLINE TO RECEIVE AND MAIN-
TAIN  ABUSE  ALLEGATIONS WITHIN FACILITIES PROVIDING CARE FOR VULNERABLE
PERSONS;
  (VI) EXAMINE THE NEED  FOR  LEGISLATION  OR  REGULATORY  OR  STATUTORY
AMENDMENTS GOVERNING THE OVERSIGHT OF STAFF TRAINING CURRICULUM;
  (VII) EXAMINE THE NEED FOR, AND ISSUES INVOLVED WITH THE CREATION OF A
MANDATED REPORTER SYSTEM FOR VULNERABLE PERSONS;
  (VIII)  OUTLINE  A  RISK ASSESSMENT TOOL FOR THE POSSIBLE USE BY STAFF
WITH RESPECT TO INTERVENTION SCREENING, AND  REFERRALS  OF  ABUSED,  AND
NEGLECTED VULNERABLE PERSONS; AND
  (IX) ESTABLISH RECOMMENDED PROCEDURES FOR:
  1.  AN  APPEALS  PROCESS  FOR  ANY  DETERMINATION  ALLEGING  ABUSE AND
MALTREATMENT AGAINST A FACILITY OR EMPLOYEE THEREOF;
  2. DISSEMINATION OF INFORMATION FROM THE REGISTRY TO  LAW  ENFORCEMENT
INCLUDING CONFIDENTIAL INFORMATION;
  3.  A  REPORTING  SYSTEM BETWEEN AGENCIES, NOT-FOR-PROFITS, LICENSEES,
AND PROVIDERS OF ABUSE, NEGLECT AND MALTREATMENT BY EMPLOYEES  REGARDING
SUBSTANTIATED REPORTS IN OTHER FACILITIES; AND
  4.  THE  INVESTIGATION OF REPORTED INCIDENTS AND SUBSEQUENT SUBSTANTI-
ATION OF AN ALLEGATION OF ABUSE, NEGLECT, EXPLOITATION OR ABANDONMENT OF
A VULNERABLE PERSON.
  S 2. The institutional abuse and neglect  intervention  committee  for
vulnerable  persons shall develop additional recommendations as it deems
appropriate. Such recommendations shall be included in a report  submit-
ted to the Legislature no later than April 1, 2013.
  S 3. This act shall take effect on the one hundred twentieth day after
it shall have become a law.

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Senate Bill S6666

Sponsored By

Archive: Last Bill Status - In Senate Committee Mental Health And Developmental Disabilities Committee

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2011-S6666 (ACTIVE) - Details

2011-S6666 (ACTIVE) - Summary

2011-S6666 (ACTIVE) - Sponsor Memo

2011-S6666 (ACTIVE) - Bill Text download pdf

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Sponsored By

Stephen M. Saland

Archive: Last Bill Status - In Senate Committee Mental Health And Developmental Disabilities Committee

Actions

2011-S6666 (ACTIVE) - Details

2011-S6666 (ACTIVE) - Summary

2011-S6666 (ACTIVE) - Sponsor Memo

2011-S6666 (ACTIVE) - Bill Text download pdf

Comments