Bill Text: NY A01578 | 2019-2020 | General Assembly | Introduced

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Bill Title: Creates an environment in the workplace that does not discourage witnessing and reporting on abusive behavior and provides penalties for acts of retribution against such person.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-01-08 - referred to mental health [A01578 Detail]

Download: New_York-2019-A01578-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          1578
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 15, 2019
                                       ___________
        Introduced by M. of A. ABINANTI -- read once and referred to the Commit-
          tee on Mental Health
        AN ACT to amend the mental hygiene law, in relation to duties of provid-
          ers of services for the developmentally disabled
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Subdivision 2 of section 31.11 of the mental  hygiene  law,
     2  as  amended  by  chapter  558 of the laws of 2011, is amended to read as
     3  follows:
     4    2. (a) making such reports  as  are  necessary  to  provide  immediate
     5  reporting and notification to 911 by the mandated reporter, the district
     6  attorney  or  other appropriate law enforcement official and the commis-
     7  sioner or his or her authorized representative as soon as possible,  [or
     8  in  any event within three working days,] if it appears that a crime may
     9  have been committed against  a  patient  receiving  services  from  such
    10  provider, unless it appears that the crime includes an employee, intern,
    11  volunteer,  consultant,  contractor,  or visitor and the alleged conduct
    12  caused physical injury or the patient was subject to unauthorized sexual
    13  contact, or if it appears the crime is endangering  the  welfare  of  an
    14  incompetent  or physically disabled person pursuant to section 260.25 of
    15  the penal law, or if the crime was any felony  under  state  or  federal
    16  law,  then  the  district  attorney or other appropriate law enforcement
    17  official must be contacted immediately[, and in any event no later  than
    18  twenty-four hours and such] . Such other reports, uniform and otherwise,
    19  as  are  required by the commissioner or his or her authorized represen-
    20  tative with respect to its operations. If there is reasonable  cause  to
    21  believe that the crime against the client may have occurred in a facili-
    22  ty  or program of any other service provider licensed, certified, funded
    23  or operated by a state agency,  the  administrator  or  chief  executive
    24  officer  of  such other service provider shall also be notified and also
    25  has the responsibility to ensure that 911 was notified as soon as possi-
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04892-01-9
        A. 1578                             2
     1  ble[, or in any event within  three  working  days].  Provided  however,
     2  nothing  herein  shall  require such report to an administrator or chief
     3  executive officer of a provider who is alleged  to  have  committed  the
     4  crime.  [The commissioner may execute a memorandum of understanding with
     5  the commissioners of other appropriate  state  agencies  to  ensure  the
     6  coordination  and cooperation of such agencies and providers of services
     7  with regard to the conduct of any investigation and prevention of unnec-
     8  essary duplicative  investigations  resulting  from  the  report  of  an
     9  alleged crime that may have occurred in a facility or program of another
    10  service  provider.]  Information  obtained  by  the  commissioner or the
    11  commission on quality of care for the mentally disabled from the records
    12  of patients receiving services shall be kept confidential in  accordance
    13  with the provisions of this chapter.
    14    (b)  Any  and  all state or private direct care employees or any other
    15  official, employee or volunteer within any facility operated by,  certi-
    16  fied,  licensed,  funded  or otherwise authorized by the department that
    17  witnesses and reports any allegation of  abuse,  neglect,  maltreatment,
    18  unauthorized  use  of  restraints  or seclusion, or any other suspicious
    19  acts, or premature deaths pursuant to paragraph (a) of this  subdivision
    20  shall  be  protected  from any and all retribution, suspension or termi-
    21  nation by the facility, its employees or the  department  for  reporting
    22  such.  Any  person  that  treats  a whistleblower wrongfully, suspends a
    23  whistleblower or fires a whistleblower for his or her actions  shall  be
    24  subject  to  termination and shall not be entitled to absolute or quali-
    25  fied immunity in a cause of action for civil liability.
    26    § 2. This act shall take effect immediately.