Disabled NYC

Fw: Governor cuomo presents new legislation to protect vulnerable new yorkers in syr

Laura — Fri, 18 May 2012 09:13:42 GMT

FW: GOVERNOR CUOMO PRESENTS NEW LEGISLATION TO PROTECT VULNERABLE
NEW YORKERS IN SYRACUSE
Begin forwarded message:

From: Press Office
Subject: GOVERNOR CUOMO PRESENTS NEW LEGISLATION TO PROTECT VULNERABLE NEW YORKERS IN SYRACUSE
Date: May 16, 2012 10:57:49 AM EDT
To: Harris, Michael A

2821bd2.jpgState of New York | Executive Chamber
Andrew M. Cuomo | Governor
For Immediate Release: May 16, 2012
GOVERNOR CUOMO PRESENTS NEW LEGISLATION TO PROTECT VULNERABLE NEW YORKERS IN SYRACUSE

Proposes New Justice Center to Prevent, Investigate and Prosecute Abuse and Neglect of New Yorkers with Special Needs

Governor Andrew M. Cuomo today presented his new legislation at Syracuse University in Onondaga County that would establish the strongest standards and practices in the nation for protecting people with special needs and disabilities. Governor Cuomo's bill will create a new Justice Center for the Protection of People with Special Needs, an initiative that will transform how the state protects over one million New Yorkers in State operated, certified or licensed facilities and programs.

The Justice Center will have a Special Prosecutor and Inspector General for the Protection of People with Special Needs who will investigate reports of abuse and neglect and prosecute allegations that rise to the level of criminal offenses. It will also include a 24/7 hotline run by trained professionals, a comprehensive statewide database that will track all reports of abuse and neglect and a statewide register of workers who have committed serious acts of abuse who will be prohibited from ever working with people with disabilities or special needs.

"The Justice Center will dramatically improve the way we protect and care for people with special needs and disabilities, and this bill is vital to ensuring that these reforms are implemented," said Governor Cuomo. "Patients, families, and friends deserve this new agency and the reforms it brings. The Senate and Assembly need to pass this bill so we can apply these reforms as soon as possible."

Clarence Sundram, the Governor's Special Advisor on Vulnerable Persons, said, "The Governor's proposed legislation is the strongest and most comprehensive plan in the country for both preventing abuse and neglect before it happens and responding to reported incidents. The legislation covers five of the state's health and human services agencies, as well as the State Education Department, and sets forth a clear and consistent set of standards to guide the behavior of employees in all systems. It provides a simple system for reporting allegations, where trained investigators can administer consistent responses to all reports. Governor Cuomo is demonstrating visionary leadership by improving our government's performance in one of its most important obligations --protecting vulnerable New Yorkers. The Governor's proposed legislation will affect over one million New Yorkers and their families. The legislature should take swift action to enact this bill into law."

Deputy Secretary for Health Jim Introne said, "The Governor has shown leadership in pledging to give New Yorkers with special needs the best possible care. His proposed legislation will make New York the national standard bearer in protecting our vulnerable population. I commend Governor Cuomo for his constant support of New Yorkers with special needs, and I urge the Senate and Assembly to pass this bill so we can ensure protection for those who need our help most."

Last year, there were more than 10,000 allegations of abuse against New Yorkers with special needs and disabilities in state operated, certified or licensed facilities and programs. However, the State has never had a consistent and comprehensive standard for tracking and investigating complaints or punishing guilty workers.

Governor Cuomo's proposed Justice Center for the Protection of People with Special Needs will have primary responsibility for tracking, investigating and pursuing serious abuse and neglect complaints for facilities and provider agencies that are operated, certified, or licensed by the following six agencies: The Department of Health (DOH), the Office of Mental Health (OMH), the Office for People With Developmental Disabilities (OPWDD), the Office of Children and Family Services (OCFS), the Office of Alcoholism and Substance Abuse Services (OASAS), and the State Education Department (SED). The Justice Center will also absorb all functions and responsibilities of the Commission on Quality of Care and Advocacy for Persons with Disabilities, with the exception of the Federal Protection and Advocacy and Client Assistance Programs which will be designated to a qualified non-profit.

Other components and responsibilities of the proposed Justice Center include the following:

��An Executive Director, Special Prosecutor and Inspector General, and a substantial staff of trained investigators, lawyers and administrators. The Justice Center's law enforcement branch will have concurrent authority with district attorneys to prosecute abuse and neglect crimes committed against such persons. ��Creation of a statewide 24/7 hotline staffed by trained professionals to ensure that allegations of abuse are promptly reported to law enforcement and fully and effectively investigated. ��Development of a register of workers who have committed serious acts of abuse who will be prohibited from ever being hired again in any position where they would work with people with disabilities or special needs. ��Representing the State at all disciplinary proceedings relating to substantiated allegations of abuse and neglect. ��Development of common standards for investigations and requirements to be used to train investigators. ��Development of a Code of Conduct containing the basic ethical standards to which all individuals working with people with special needs and disabilities would be required to subscribe and would be held accountable. ��Consolidation of background check procedures, including reviewing and evaluating the criminal history for any person applying to be an employee, volunteer or consultant requiring a background check at any facility or provider agency operated, licensed or certified by OMH, OPWDD, OASAS and OCFS. ��Providing an annual report to the Governor and the Legislature concerning its work during the preceding year which will include data on central register reports, results of investigations, types of corrective actions taken, results of its review of patterns and trends relating to abuse and reporting of abuse, suggested corrective actions and training efforts.

��
Governor Cuomo's proposed legislation will also replace confusing and inconsistent definitions of abuse and neglect in various laws and regulations with a single consistent standard applicable to human services systems.

Under the legislation, a new level of transparency will be created for non-state operated facilities and programs licensed or certified by the State to serve people with disabilities and special needs. These entities will need to follow transparency guidelines based on FOIL for information requests regarding abuse or neglect of the people they serve.

The Governor's proposed legislation will also increase criminal penalties for endangering the welfare of people with disabilities and special needs and strengthen a prosecutor's ability to prove that any of these individuals in a facility operated, licensed or certified by the State were the victims of sexual abuse. Under current law, crimes involving endangering the welfare of people with disabilities and special needs are classified as an A misdemeanor, an E felony and a D felony bearing a top penalty of 2�� -7 years in prison. The Governor's proposal would create a new misdemeanor that will be easier to prove and elevate the three other crimes, to an E, a D and a C felony raising the top penalty to 5-15 years in prison. In addition, the proposal provides that an individual in a residential facility cannot consent to sex with an employee, thereby removing the prosecutor's obligation to prove that any sexual activity was nonconsensual.

New Yorkers can learn more about the Justice Center at www.Justice4SpecialNeeds.com

The Governor's legislation was developed, in part, from recommendations outlined in The Measure of a Society: Protection of Vulnerable Persons in Residential Facilities Against Abuse and Neglect, a special report prepared by Mr. Clarence Sundram, the Governor's Special Advisor on Vulnerable Persons. A copy of this report is available at: http://www.governor.ny.gov/assets/do...ecialneeds.pdf
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Advocates Press for Medical Marijuana Bill

Laura — Fri, 18 May 2012 09:10:22 GMT

Advocates Press for Medical Marijuana Bill
Assembly Member Richard N. Gottfried

State Senator Diane J. Savino

Contact: For Immediate Release:

Ryan Streeter (Gottfried): 518-455-4941 Wednesday, May 16, 2012

StreeterR@assembly.state.ny.us

Robert Cataldo (Savino): 718-727-9406

Robert.Cataldo7@gmail.com

Advocates Press for Medical Marijuana Bill

Gottfried Bill Advances in Assembly; Diane Savino New Senate Sponsor

Patients suffering from serious debilitating or life-threatening conditions could be treated with medical marijuana under medical supervision under a bill key legislators announced today. The bill has substantial support among the medical community, patient groups, and religious organizations. Seventeen states have laws that allow medical use of marijuana, and a bill in Connecticut is expected to become law.

New York's bill, A7347-A/S7283, introduced by Assembly Health Committee Chair Richard N. Gottfried and Senate Children and Families Committee Chair Diane J. Savino, is co-sponsored by over 50 other legislators. "It would enact one of the most restrictive medical marijuana laws in the country," they said.

The bill was favorably reported out of the Assembly Committee on Health Tuesday, May 15, with a majority of the committee's Republicans supporting the legislation.

Gottfried and Savino were joined at an Albany press conference today by Eileen Knieczny, a New Patlz-based nurse with 18 years experience and a focus in oncology, Bruce Dunn, a Morris, NY resident who was left quadriplegic after a truck roll-over, and Wanda Hernandez, a Bronx resident with HIV/AIDS.

"If the patient and physician agree that the patient's serious debilitating or life-threatening condition should be treated with medical marijuana, the government should not stand in the way," said Gottfried. "It is cruel to deny treatment to patients who are suffering or to turn them into criminals."

"As someone who has lost both parents to cancer, I understand what it is like to see a loved one in terrible pain and not be able to do anything about it," Senator Savino said. "We can help reduce the suffering of thousands of New Yorkers with this bill, and we can do so responsibly and with the appropriate amount of oversight."

Geri Barish, who lives on Long Island, is a cancer survivor and mother whose son used medical marijuana before he succumbed to cancer. "It is imperative that when people are suffering and in pain, especially with illnesses such as cancer, that there is a way of relieving this pain through medical marijuana available through the correct legal channels," Ms. Barish said. "If it's your child or your loved one, then you would do anything. As a parent, when your child says, 'Mommy please take the pain away', how can a parent deny their child?"

The bill requires a patient to have a licensed health care professional who is authorized to prescribe controlled substances certify the patient's need for marijuana for treatment of a serious debilitating or life-threatening condition. The certified patient then registers with the Department of Health. The marijuana would be purchased from a specially registered and regulated hospital or pharmacy. If there is no registered dispenser within 20 miles of the certified patient's home, a limited quantity of home production would be allowed.

"This bill is more restrictive than the New York laws regulating highly dangerous drugs like morphine, oxycontin, or Valium," Gottfried said.

THC, the active ingredient in marijuana, has been approved by the Federal Food and Drug Administration and Drug Enforcement Agency in synthetic pill form since 1986. THC in pill form commonly delivers a larger dose than the patient needs or can tolerate. There is substantial medical judgment that consuming marijuana naturally makes it easier to control the dosage and symptoms are easier to manage. This method, however, remains illegal in New York.

U.S. Attorney General Eric Holder has stated that the federal government will not interfere in states with medical marijuana laws unless both state and federal laws were broken.

"Anyone who has watched a loved one struggle with a debilitating illness would do almost anything to help alleviate their pain," Senator Savino said. "With this proposal, we can show real compassion for New Yorkers who are suffering from cancer, multiple sclerosis and other life-threatening diseases. We should give doctors the best options to make decisions for their patients and allow much needed relief and comfort."

"This is sensible, strict, and humane legislation. The fact that this is not the law in New York is political correctness run amok, at the expense of the suffering of thousands of our fellow New Yorkers," Assembly Member Gottfried added.

"As an attorney and staffer for a New York City Council member, I worry about losing my license for breaking the law and the impact that a criminal charge might have on my employer," said Jamin Sewell, who lives with Multiple Sclerosis. "I want to continue serving my community as long as I am physically able to do so, and I am convinced that using medical marijuana will enable me to continue to be productive and improve my quality of life." Sewell lives in the Bronx.

"Without legal access to medical marijuana, I have no option aside from expensive narcotic pain killers that are hazardous to my health and severely addictive," said Joel Peacock of Buffalo. Mr. Peacock, an active Conservative Party member, survived a severe car accident, but had three discs removed from his back. After running out of prescription opioids to manage his debilitating pain, he tried marijuana and found it provided relief.

"I don't feel I should live as a criminal for doing what's best for my health," said Bruce Dunn, a veteran, father, and grandfather living in Morris, NY. Mr. Dunn, who was diagnosed with quadriplegia following a tragic truck rollover accident, now lives in constant, severely debilitating pain.

Under appropriate professional care like other drugs, marijuana has important therapeutic use for many seriously ill patients. In their amicus brief to the U.S. Supreme Court in 2004, the Lymphoma Foundation of America, the HIV Medicine Association, and the American Medical Students Association said: "For certain persons, the medical use of marijuana can literally mean the difference between life and death."

"We are talking about people with chronic diseases, and we are talking about a medicine that not only provides relief from debilitating symptoms but also helps patients get through difficult treatment such as chemotherapy," said Dr. Howard Grossman, a board-certified physician in Internal Medicine with 20 years of experience treating patients and doing research. "Marijuana, like every medicine, deserves regulation but not criminalization."

A Siena poll released today found a "strong majority" of New Yorkers support the legalization of the use of medical marijuana 57%-33%, with Republican opposition dropping below 50% for the first time. When polled two years ago, the proposal was supported 50%-41%, with Republican opposition at 59%.

Medical marijuana legislation is supported by a broad array of health and other organizations, including:

Medical Society of the State of New York
New York State Nurses Association
Hospice and Palliative Care Association of New York State
Pharmacists Society of the State of New York
Statewide Senior Action Council
Gay Men's Health Crisis
New York AIDS Coalition
New York State AIDS Institute Advisory Council
Oncology Nursing Association (New York State chapter)
Association of the Bar of the City of New York
American Academy of HIV Medicine
AFSCME District Council 37
Housing Works
Latino Commission on AIDS
Family Services Network of New York Inc.
Drug Policy Alliance
Compassion & Choices of New York
Gray Panthers, NYC Network

Nationally, legalizing the medical use of marijuana is supported by the American Public Health Association, the American Bar Association, and the Lymphoma Foundation of America, among others. The medical use of marijuana is recognized by the American Medical Association and the Institute of Medicine of the National Academy of Science.

Co-op City docked $85,000 for not allowing residents to keep emotional-support dogs

Laura — Fri, 18 May 2012 09:06:06 GMT

Co-op City docked $85,000 for not allowing residents to keep emotional-support dogs in their apartments - NY Daily News

http://www.nydailynews.com/new-york/...#ixzz1v4Hpjdhg

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