Bill Text: NY A07731 | 2021-2022 | General Assembly | Introduced


Bill Title: Relates to the provision of records upon the receipt of a complaint of an incident of abuse or neglect of an individual with a disability.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2021-12-22 - approval memo.118 [A07731 Detail]

Download: New_York-2021-A07731-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          7731

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                      May 20, 2021
                                       ___________

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

        AN ACT in relation to the provision of records upon  the  receipt  of  a
          complaint  of  an incident of abuse or neglect of an individual with a
          disability

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

     1    Section  1.  Upon  receipt  of  a complaint of an incident of abuse or
     2  neglect of an individual with a disability, or if the independent agency
     3  established under section 558 of the executive law determines  there  is
     4  probable  cause  to  believe that such an incident occurred, or in other
     5  instances related to an investigation of a violation  of  such  individ-
     6  ual's  rights,  the independent agency shall have prompt access:  to any
     7  facility or part thereof  serving  such  individual  that  is  operated,
     8  certified or licensed by any office or agency of the state, at any time;
     9  to  all  books,  records and data pertaining to such a facility; to such
    10  individual with a disability in a location in which  services,  supports
    11  and  other  assistance  are provided to such individual; to records of a
    12  facility or provider agency concerning such individual; and to any other
    13  records or data that the independent agency determines are  relevant  to
    14  conducting  an  investigation.  The  independent  agency also shall have
    15  access to records of the justice center as set forth in paragraph (f) of
    16  subdivision one and paragraph (y) of subdivision  two  of  section  four
    17  hundred  ninety-six  of the social services law. Copies of records shall
    18  be provided to the independent agency free of charge within three  busi-
    19  ness days of receipt of a written request, or if there is a complaint of
    20  health  or safety placing individuals in serious and immediate jeopardy,
    21  or in the case of the death of an individual with a  disability,  within
    22  twenty-four  hours  of  receipt  of  a written request. Records shall be
    23  provided in electronic form at the request of the independent agency.
    24    § 2. This act shall take effect immediately.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11604-02-1
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