Bill Text: NY A07575 | 2019-2020 | General Assembly | Introduced

---

Bill Title: Authorizes certain reports relating to reportable incidents involving vulnerable persons to be released to officers and employees of the state comptroller for the purposes of a duly authorized performance audit.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-01-08 - referred to mental health [A07575 Detail]

Download: New_York-2019-A07575-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                          7575

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                       May 9, 2019
                                       ___________

        Introduced  by M. of A. GUNTHER -- read once and referred to the Commit-
          tee on Mental Health

        AN ACT to amend the social services  law,  in  relation  to  authorizing
          certain  reports relating to reportable incidents involving vulnerable
          persons to be released to officers and employees of  the  state  comp-
          troller for the purposes of a duly authorized performance audit

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Paragraphs (f) and (g) of subdivision 1 of section  496  of
     2  the  social services law, as added by section 1 of part B of chapter 501
     3  of the laws of 2012, are amended and a new paragraph  (h)  is  added  to
     4  read as follows:
     5    (f)  the  independent agency designated pursuant to subdivision (b) of
     6  section five hundred fifty-eight of the  executive  law,  provided  that
     7  such  information  is relevant to a matter within the legal authority of
     8  such agency; [or]
     9    (g) other persons named in the report, as defined in subdivision thir-
    10  teen  of  section  four  hundred  eighty-eight  of  this  article  which
    11  includes, but is not limited to, the service recipient's parent, guardi-
    12  an or other person legally responsible for such person; provided, howev-
    13  er,  that  the  names  and  other  personally identifying information of
    14  custodians and other service recipients shall  not  be  included  unless
    15  such  custodians  and service recipients authorize disclosure.  Notwith-
    16  standing the prohibitions on non-redisclosure set forth in  the  closing
    17  sentence  of  this  subdivision, the service recipient, and such service
    18  recipient's parent, guardian or other  person  legally  responsible  for
    19  such  service recipient may disclose information and reports made avail-
    20  able pursuant to this paragraph to an attorney, who  shall  not  further
    21  disclose  except  as  is necessary for use by such attorney in rendering
    22  advice, assistance and representation[.]; or

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02700-02-9
        A. 7575                             2

     1    (h) officers and employees of the state comptroller, for purposes of a
     2  duly authorized performance audit; provided, however, that such  reports
     3  shall  be redacted to protect the confidentiality of the service recipi-
     4  ent named in the report, the subject of the report, and any other person
     5  named  in the report, prior to the transmission of such reports from the
     6  justice center to the state comptroller.
     7    § 2. This act shall take effect immediately.