Tag Archives: office of mental health

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?

Re: NYS Law 7400 creating the Justice Center for the Protection of People with Special Needs#5


29 3. (a) when any allegation that could reasonably constitute abuse or 30 neglect is received by the register, the register shall accept and immediately transmit notice of the report orally or electronically to the appropriate state oversight agency and, as appropriate, to the director or operator of that facility or provider agency. (i) upon acceptance of a report of abuse or neglect by the vulnerable persons’ central register, promptly commence an appropriate investigation;

I know it looks as if I were against everything, but that is not the case. It’s difficult for people who have been entangled in the bureaucratic web while trying to resolve problems with it to not recognize the problems that these ‘new solutions’ create. Case in point, the above quote from the BILL 7400.

This new bill eliminated the Commission on Quality of Care because the commission was doing nothing. The commission would receive complains and dismiss them as ‘not reasonably constituting abuse’. By their own account in 2011, out of a bit less than 10k complains, they “screened” only 250. That means that they found the other 9k plus complains to be ‘not reasonably constituting” abuse. Yet, the commission was eliminated because there was abuse and they did nothing meaningful, they even didn’t include the cases denounced by the NY Times because those cases were in ‘not licensed’ programs and not licensed programs were not part of the commission’ surveys.

So now a clerk is going to receive some complains over the phone and make a decision right then and there that the complain “reasonably constitute abuse”. Then “(i) upon acceptance of a report of abuse or neglect by the vulnerable persons’ central register, promptly commence an appropriate investigation;”. That means that if they don’t accept the report, nothing will happen.

Think: do you have any idea of how difficult it has been for LAWYERS to convince JUDGES in civil court that an act constituted abuse? The Justice Center came as a result of the inability of our courts to protect these people. A whole agency (CQCA) was banished for doing a terrible job, but some how A CLERK OVER THE PHONE WILL DO A BETTER JOB AT ASSESSING THAT A REPORT CONSTITUTE ABUSE!. I’m not screaming, I’m just highlighting!

I just don’t see it, how is this bill any better at preventing abuse. I’m waiting to get someone to enlighten me.

Re: NYS Law 7400 creating the Justice Center for the Protection of People with Special Needs#4


30 (d) all records of the proceedings, the deliberations of the justice center medical review board and any testimony given before the board shall not be subject to disclosure under article thirty-one of the civil practice law and rules.

 43 s 556. functions, powers and duties of the board. (a) make a preliminary determination whether the death of a patient or 47 resident in a residential facility within the meaning of subdivision 48 four of section four hundred eighty-eight of the social services law, 49 which has been brought to its attention is unusual or whether such death 50 reasonably appears to have resulted from other than natural causes and51 warrants investigation;

The first quote from the new law tells you that the deliberations of the medical review board are closed to you just like an Inquisition, they are SECRET. The second quote tells you that you have no right to see on what basis their determinations about a death of a person under a provider’s care doesn’t warrant investigation. Well, it doesn’t say so, you just have to put the first quote together with the second to arrive to that logical conclusion. If the deliberations of the board are secret, “not subject to disclosure”, and they decide that a death doesn’t warrant investigation but you think it does, you can’t challenge their determination because you don’t know what it’s based on. Maybe you can challenge but it will be blindly because you don’t know which facts to challenge. And since you have no right to sue because there’s no cause of action allowed nor sue for damages, you are basically out of luck (assuming you are the living person).

So, what is this law achieving in terms of your rights to determine whether a loved one died due to negligence of the provider? Nothing. It only PROTECTS THE PERPETRATORS.

As I continue reading, I will make any corrections on my interpretations based on other facts I find in the many pages.

Re: NYS Law 7400 creating the Justice Center for the Protection of People with Special Needs#3


s 553. powers and duties of the justice center. the justice center shall have the following powers and duties:
(d) consistent with appropriate collective bargaining agreements,
conducting all hearings and other proceedings relating to discipline of employees found to have committed abuse or neglect (for state entities bound by collective bargaining, the disciplinary process established through collective bargaining shall govern);

What this is saying is that, despite all of those hundreds of pages of new law to supposedly prosecute abusive workers, the unions determine how to deal with the perpetrator. It says so clearly: “IT SHALL GOVERN”, collective bargaining rules!

Now, if I were a unionized worker, I would want that in there. Honestly speaking, that’s their right, to protect each other, to have that union protect them. The government is not going to protect them, that’s why workers pay the union, for protection. I have no problem with that.

My problem is that NO ONE WAS REPRESENTING US CONSUMERS, the ones for whom this bureaucracy was being enacted, there. This was all done between politicians and the unions.

That’s why I keep insisting in that the ONLY mechanism mental health consumers have to protect themselves are the CONSUMER ADVISORY BOARDS in each program, if they can make it work for them. That’s what the Citywide Mental Health Project is trying to do: train ourselves to use the CABs for what it was meant to be.

Our power is in our number. The good intentioned lawyers who have represented us in court can’t protect us. We lost almost every case in court for the protection of people been abused, lost in appeals.

Maybe we need our own ‘union’.