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News & Views Legislative Alert 6-23-08 |
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Tuesday, 24 June 2008 |
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· DSP OVERTIME BILL BECOMES STUDY BILL
· RESIDENTIAL CHILD ABUSE BILL
· NUTRITION CODIFICATION BILL
· JONATHAN'S LAW LOOKBACK EXTENDED
· NURSES OVERTIME BILL
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| NYSACRA LEGISLATIVE ALERT!!
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| Issue No. 28-08
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June 23, 2008
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Open Your Eyes! Watch it Now!
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NYSACRA Calendar
Executive Positions
Action Center
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Greetings NYSACRA Members!
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| · DSP OVERTIME BILL BECOMES STUDY BILL
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A. 11757, just introduced a few hours ago, is a compromise bill to create a study workgroup on DSP overtime, and while not the same-as, it's considered a companion to S. 8679-a. There have been a few versions of this bill, some over the weekend as well, which included a demo project. However the A. 11757 / S. 8679-a compromise appears to be agreed upon, without a demo, by the Senate, the Assembly and the Governor.
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| · RESIDENTIAL CHILD ABUSE BILL
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The Governor has submitted a Governor's Program bill, A. 11753 (Gordon) and S. 8534-a (Morahan), to create a definition of abuse and neglect in residential settings.
Preventing and effectively addressing abuse and neglect is a significant priority for agency providers. We are committed to working closely with state government to make the system as safe and efficient as possible.
NYSACRA polled our Legislative and Policy Committee Members, and the overall analysis of this proposed legislation is that it appears to be a step in the right direction. Besides some technical corrections, there is a concern about the one-size-fits-all approach. The bill could be improved by including a graduated system for levels of abuse, treating the most severe cases with the strongest measures. For example, the bill currently includes non accidental pinching or shoving in with burning, biting or choking, the latter of which are more severe intentional acts. The bill defines what is considered abuse much more clearly than the current system and requires the Statewide Central Register to accept such reports, whereas, currently many of those cases are never even accepted when called in. S. 8534-a passed today, A. 11753 is expected to pass shortly.
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| · NUTRITION CODIFICATION BILL
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While OMRDD Regs already clearly state in Part 633 (4)(a)(xvii) that a balanced and nutritious diet, must be "served at appropriate times and in as normal a manner as possible, and which is not altered or totally denied for behavior management or disciplinary (punishment) purposes", A. 11482-a / S. 8551-a, seeks to codify a similar provision regarding meals. The bills appear to be poised for passage today; however, neither bill has passed yet.
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| · JONATHAN'S LAW LOOKBACK EXTENDED
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Bill A. 10897-a (Gordon) / S. 8389-a (Morahan) would allow parents until December 31, 2010 to request abuse records under Jonathan's Law. S. 8389-a has passed, but A. 10897-a has not yet.
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| · NURSES OVERTIME BILL
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A compromise bill, A. 11711 (Gunther) / S. 8637 (Morahan) will mandate that in all facilities operated under Public Health Law Articles 28 or 36, no nurse shall work more than that nurse's regularly scheduled work hours, except in an emergency. This bill does apply to the State Operated but not to OMRDD voluntary residential providers, which the previous version did. S. 8637 passed today, and A. 11711 is expected to pass tonight.
NYSACRA will keep you updated in the next few days regarding these and any other legislative activity.
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