Bill Text: NY A03829 | 2015-2016 | 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 6-0)

Status: (Engrossed - Dead) 2016-02-08 - REFERRED TO HEALTH [A03829 Detail]

Download: New_York-2015-A03829-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3829
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 27, 2015
                                      ___________
       Introduced  by M. of A. GOTTFRIED, DINOWITZ, JAFFEE, ROSENTHAL, AUBRY --
         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    S  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    S  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.
                                                                  LBD01920-01-5