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