S 4114: Increases the frequency that visitation or inspections of facilities operated or licensed by the office for people with developmental disabilities must be made each year.

  
  STATE OF NEW YORK ________________________________________________________________________ 4114 2025-2026 Regular Sessions  IN SENATE February 3, 2025 ___________ Introduced by Sen. COMRIE -- read twice and ordered printed, and when printed to be committed to the Committee on 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 Assem- bly, do enact as follows: 1 Section 1. Paragraph 1 of subdivision (a) of section 16.11 of the 2 mental hygiene law, as added by section 10 of part MM of chapter 58 of 3 the laws of 2015, is amended to read as follows: 4 (1) The review of facilities issued an operating certificate pursuant 5 to this article shall include periodic visitation and review of each 6 facility. Reviews shall be made as frequently as the commissioner may 7 deem necessary but in any event such inspections shall be made on at 8 least [two] three occasions during each calendar year which shall be 9 without prior notice, provided, however, that where, in the discretion 10 of the commissioner, an operating certificate has been issued to a 11 program with a history of compliance and a record of providing a high 12 quality of care, the periodic inspection and visitation required by this 13 subdivision shall be made at least [once] twice during each calendar 14 year provided such [visit] visits shall be without prior notice, 15 provided, however, that the commissioner provide notice to members of 16 the applicable board of visitors. Any member or members of a board of 17 visitors, appointed pursuant to section 13.33 of this title, and any 18 other individual or individuals the commissioner at their discretion 19 approves, may accompany inspectors during the state's periodic visita- 20 tions and inspections conducted pursuant to this section as independent 21 monitors. Areas of review shall include, but not be limited to, a review 22 of a facility's: physical plant, fire safety procedures, health care, 23 protective oversight, abuse and neglect prevention, and reporting proce- 24 dures. 25 § 2. This act shall take effect immediately. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05412-01-5