Bill Text: NY A05083 | 2019-2020 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Safeguards cash accounts for people with developmental disabilities in a facility under the control of the commissioner of mental health, the commissioner of the office for people with developmental disabilities and the commissioner of alcoholism and substance abuse services.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2020-01-08 - referred to mental health [A05083 Detail]

Download: New_York-2019-A05083-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          5083
                               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
        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  Assem-
        bly, do enact as follows:
     1    Section  1. Subdivision (f) of section 16.11 of the mental hygiene law
     2  is relettered subdivision (g) and a new subdivision (f) is added to read
     3  as follows:
     4    (f) The commissioner shall provide for the oversight of facilities and
     5  providers of services holding operating certificates pursuant to section
     6  16.03 of this article by:
     7    (1) developing a statewide policy mandating audits for residents' cash
     8  accounts including the frequency of the audits, who is  responsible  for
     9  conducting  the  audits,  and policies and procedures for how the audits
    10  will be conducted;
    11    (2) developing a uniform system for audits of residents' cash accounts
    12  to assist supervisors in audits;
    13    (3) providing training directly to anyone required to  conduct  audits
    14  of residents' cash accounts, including information regarding audit poli-
    15  cies and practices of residents' cash accounts;
    16    (4)  authorizing  the  use  of bank and debit cards for all residents'
    17  cash accounts;
    18    (5) developing a policy on the purchase and use of gift cards by or on
    19  behalf of residents, including, but not limited  to,  requirements  that
    20  supervisory  staff include gift cards in residents' personal expenditure
    21  plans and notification to supervisors of the purchase or delivery  of  a
    22  gift card to a resident; and
    23    (6)  prohibiting  the  use of self-generated receipts as evidence of a
    24  meal purchased by cash custodians for meals outside the residence.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06816-01-9
        A. 5083                             2
     1    § 2. This act shall take effect on the one hundred twentieth day after
     2  it shall have become a law.  Effective immediately, the addition, amend-
     3  ment and/or repeal of any rule or regulation necessary for the implemen-
     4  tation of this act on its effective date are authorized to be  made  and
     5  completed on or before such effective date.