Bill Text: NY A02702 | 2017-2018 | General Assembly | Introduced

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Bill Title: Relates to death and felony crime reports in certain adult care facilities.

Spectrum: Partisan Bill (Democrat 11-0)

Status: (Passed) 2017-12-18 - approval memo.35 [A02702 Detail]

Download: New_York-2017-A02702-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          2702
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    January 23, 2017
                                       ___________
        Introduced  by  M.  of A. GOTTFRIED, DINOWITZ, JAFFEE, ROSENTHAL, AUBRY,
          RODRIGUEZ, QUART, SEPULVEDA -- read once and referred to the Committee
          on Health
        AN ACT to amend the social services law, in relation to death and felony
          crime reports in certain adult care facilities
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.    Section 461-m of the social services law, as amended by
     2  section 14 of part D of chapter 501 of the laws of 2012, is  amended  to
     3  read as follows:
     4    §  461-m.  Death  and felony crime reporting. The operator of an adult
     5  home, enriched housing program or residence for  adults  shall  have  an
     6  affirmative duty to report any death, or attempted suicide of a resident
     7  to  the department of health within twenty-four hours of its occurrence,
     8  and shall also have an affirmative duty to report to an appropriate  law
     9  enforcement authority if [it is believed that] the operator discovers an
    10  incident  that  the operator believes or reasonably should believe would
    11  constitute a felony crime [may have been committed] against  a  resident
    12  of  such  facility  as  soon as possible, or in any event within [forty-
    13  eight] twenty-four hours. In addition, [the] any operator of a  facility
    14  defined  in  section  four  hundred eighty-eight of this chapter that is
    15  subject to this section, shall, in addition, send any reports  involving
    16  a  resident  who had at any time received services from a mental hygiene
    17  service provider to the justice center for the protection of people with
    18  special needs within twenty-four hours of the occurrence of the death or
    19  attempted suicide or of the discovery of an incident that  the  operator
    20  believed or reasonably should have believed to be a felony crime.
    21    §  2.  This  act  shall take effect on the sixtieth day after it shall
    22  have become a law; provided however, that the commissioner of health may
    23  adopt, amend, suspend or repeal any regulations or  take  other  actions
    24  necessary  to  enforce  or implement the law prior to and in preparation
    25  for the taking effect  of  the  law;  and  provided  further  that  such
    26  adoption,  amendment, suspension or repeal of regulations shall not have
    27  legal effect until the law takes effect.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00018-02-7