Re: NYS Law 7400 creating the Justice Center for the Protection of People with Special Needs#6


(f) where applicable, establishing uniform procedures for character and competence reviews of provider agencies initially, and upon renewal of licenses and operating certificates requiring a review of performance records regarding incident management, the role of the board of directors in maintaining oversight over agency performance in this area, and the management of incidents affecting resident safety, including cases of systemic problems.

Ay ay ay! Again??

Many many years ago OMH had a system where they would post in their website info about how many complains against providers have been received and how close they were to lose their licenses. That was when the ‘not licensed’ was not so widespread. Then they stopped this practice because…well, you guess why.

For many many years afterwards, complains were not recorded, period. Now we are back at doing what they really don’t want nor intend to do.

In the first instance, complains from consumers in ‘not licensed’ programs will automatically be left out. Mind you, more than half of all programs are ‘not licensed’. I claim that our ‘public mental health system’ does not exist. If more than half of the programs are not licensed, meaning private, how can we claim to have a ‘public mental health system’?

There are better ways to keep track of complains including letting consumers figure out how to keep track of their complains in the programs.

In the second instance, how do you determine ‘character’ when those affected by that character can’t inform you whether they have been treated with dignity or not?

Have you noticed that this new bill has no provisions for meaningful consumer input?

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