Bill Text: NY A04482 | 2019-2020 | General Assembly | Introduced

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Bill Title: Provides a mental hygiene legal service to patients or residents of residential healthcare facilities who have been admitted directly from a facility and who have a serious mental illness and are receiving services related to such illness.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Passed) 2019-12-16 - signed chap.658 [A04482 Detail]

Download: New_York-2019-A04482-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          4482
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    February 4, 2019
                                       ___________
        Introduced  by  M. of A. CUSICK, ABINANTI, M. G. MILLER -- read once and
          referred to the Committee on Mental Health
        AN ACT to amend the mental hygiene  law,  in  relation  to  providing  a
          mental hygiene legal service to certain patients or residents of resi-
          dential healthcare facilities
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Subdivision (a) of section 47.01 of the mental hygiene law,
     2  as amended by chapter 7 of the laws of  2007,  is  amended  to  read  as
     3  follows:
     4    (a) There shall be a mental hygiene legal service of the state in each
     5  judicial  department.  The  service  shall  provide  legal assistance to
     6  patients or residents of a facility as defined in section 1.03  of  this
     7  chapter,    patients  or  residents of residential healthcare facilities
     8  licensed and operating pursuant to article twenty-eight  of  the  public
     9  health law who have been admitted directly from a facility as defined in
    10  section  1.03  of  this chapter and who have a serious mental illness as
    11  defined in section 1.03 of  this  chapter  and  are  receiving  services
    12  related  to  such  illness,  or  any  other  place  or facility which is
    13  required to have an operating certificate pursuant to article sixteen or
    14  thirty-one of this chapter, and to persons alleged to be in need of care
    15  and treatment in such facilities or places, and to persons  entitled  to
    16  such  legal  assistance  as provided by article ten of this chapter. The
    17  head of such service in each judicial department and such assistants and
    18  such staff as may be necessary shall be appointed and may be removed  by
    19  the  presiding justice of the appellate division of the judicial depart-
    20  ment.  Appointments and transfers to the service shall comply  with  the
    21  provisions of the civil service law. Standards for qualifications of the
    22  personnel  in  the service shall be established by the presiding justice
    23  of the appellate division of  the  judicial  department.  The  presiding
    24  justice  of  the  appellate  division  of  the judicial department shall
    25  promulgate such rules or regulations as may be necessary  to  effectuate
    26  the purposes of this article.
    27    § 2. This act shall take effect immediately.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00109-01-9