Bill Text: NY A07656 | 2009-2010 | General Assembly | Amended

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Bill Title: Establishes a quality workers care task force; establishes who shall comprise such task force and its powers and duties; establishes such task force shall prepare a report on its findings.

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Engrossed - Dead) 2010-03-25 - print number 7656a [A07656 Detail]

Download: New_York-2009-A07656-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        7656--A
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                    April 17, 2009
                                      ___________
       Introduced  by  M. of A. P. RIVERA, LIFTON, JAFFEE, WEISENBERG, LUPARDO,
         SCHROEDER -- read once and referred to the Committee on Mental Health,
         Mental Retardation and  Developmental  Disabilities  --  committed  to
         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 establishing the
         task force on quality workers care
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  The mental hygiene law is amended by adding a new section
    2  33.26 to read as follows:
    3  S 33.26 TASK FORCE ON QUALITY WORKERS CARE.
    4    (A) THERE IS HEREBY ESTABLISHED WITHIN THE DEPARTMENT THE  TASK  FORCE
    5  ON  QUALITY  WORKERS  CARE  TO  STUDY AND MAKE RECOMMENDATIONS REGARDING
    6  THOSE WHO ARE RECEIVING SERVICES IN PROGRAMS  AND  FACILITIES  THAT  ARE
    7  LICENSED,  CERTIFIED  OR OPERATED BY   AN OFFICE OF THE DEPARTMENT.  THE
    8  TASK FORCE ON QUALITY WORKERS CARE SHALL STUDY THE FOLLOWING:
    9    (1) QUALIFICATIONS FOR EMPLOYMENT;
   10    (2) EDUCATION AND TRAINING REQUIREMENTS FOR EMPLOYMENT;
   11    (3) REQUIRED STAFFING NEEDS AT ALL STATE AND PROVIDER CARE FACILITIES;
   12    (4) COMPENSATION BENEFIT PACKAGES AND RETENTION FOR EMPLOYEES OF  SUCH
   13  FACILITIES;
   14    (5) CONTINUING EDUCATION AND TRAINING PROGRAMS;
   15    (6) WHISTLEBLOWER PROTECTION FOR EMPLOYEES; AND
   16    (7) ANY OTHER SUBJECTS THAT THE TASK FORCE DEEMS APPROPRIATE.
   17    (B)  THE  TASK  FORCE SHALL BE COMPRISED OF THE COMMISSIONER OF MENTAL
   18  HEALTH, THE COMMISSIONER OF MENTAL RETARDATION AND  DEVELOPMENTAL  DISA-
   19  BILITIES,  THE  COMMISSIONER OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES,
   20  THE COMMISSIONER OF LABOR,  THE  COMMISSIONER  OF  CHILDREN  AND  FAMILY
   21  SERVICES, THE COMMISSIONER OF HEALTH, THE COMMISSIONER OF EDUCATION, THE
   22  PRESIDENT  OF  THE STATE CIVIL SERVICE COMMISSION, A REPRESENTATIVE FROM
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD10819-02-0
       A. 7656--A                          2
    1  THE COMMISSION ON QUALITY OF CARE AND ADVOCACY FOR PERSONS WITH DISABIL-
    2  ITIES, TWO REPRESENTATIVES FROM PROVIDER AGENCIES,  TWO  MENTAL  HYGIENE
    3  PATIENT  ADVOCATES, TWO   PARENTS OR LEGAL GUARDIANS OF PATIENTS WHO ARE
    4  RECEIVING RESIDENTIAL MENTAL HYGIENE  SERVICES, AND FIVE REPRESENTATIVES
    5  TO  BE  APPOINTED BY THE GOVERNOR, WITH THREE OF SUCH APPOINTMENTS BEING
    6  UPON THE RECOMMENDATION OF THE LABOR ORGANIZATION THAT REPRESENTS  WORK-
    7  ERS IN STATE AND PROVIDER CARE FACILITIES.
    8    (C) THE COMMISSIONER OF MENTAL HEALTH OR HIS OR HER DESIGNEE SHALL  BE
    9  THE CHAIR OF THE TASK FORCE.
   10    (D)  THE  TASK  FORCE  SHALL  MEET AS OFTEN AS DEEMED NECESSARY BY THE
   11  CHAIR BUT IN NO EVENT LESS THAN FOUR TIMES PER YEAR.
   12    (E) THE MEMBERS OF THE TASK FORCE SHALL RECEIVE  NO  SALARY  OR  OTHER
   13  COMPENSATION  FOR  THEIR SERVICES BUT SHALL BE ENTITLED TO REIMBURSEMENT
   14  FOR ACTUAL AND NECESSARY EXPENSES  INCURRED IN THE PERFORMANCE OF  THEIR
   15  DUTIES.
   16    (F)  BY DECEMBER FIRST, TWO THOUSAND ELEVEN, THE TASK FORCE ON QUALITY
   17  WORKERS CARE SHALL CREATE A REPORT ON ITS FINDINGS. SUCH REPORT SHALL BE
   18  SENT TO THE GOVERNOR, THE TEMPORARY PRESIDENT  OF  THE  SENATE  AND  THE
   19  SPEAKER OF THE ASSEMBLY.
   20    S  2.  This  act shall take effect on the ninetieth day after it shall
   21  have become a law; provided, however, that  effective  immediately,  the
   22  addition,  amendment  and/or  repeal of any rule or regulation necessary
   23  for the implementation of this act on its effective date  is  authorized
   24  and directed to be made and completed on or before such effective date.