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A09034 Summary:

BILL NOA09034
 
SAME ASSAME AS S07282
 
SPONSORGottfried
 
COSPNSRSeawright
 
MLTSPNSR
 
Amd 461-m, Soc Serv L (as proposed in S. 787-A and A. 2702)
 
Changes the requirements for reporting deaths and felony crimes in certain adult care facilities.
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A09034 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A9034
 
SPONSOR: Gottfried
  TITLE OF BILL: An act to amend the social services law, in relation to reporting deaths and felony crimes in certain adult care facilities   PURPOSE OR GENERAL IDEA OF BILL: To modify reporting requirements to protect the health, safety and qual- ity of life of New York residents in adult care facilities.   SUMMARY OF SPECIFIC PROVISIONS: Chapter 459 of the laws of 2017 amended SSL § 461-m to include enriched housing programs among the adult care facilities that must: (1) report any death or attempted suicide of a resident to DOH within 24 hours; (2) report felonies believed to have been committed against residents to appropriate law enforcement authorities; and (3) report deaths, attempted suicides and felonies involving residents who at any time received mental hygiene services to the Justice Center for the Protection of People with Special Needs. The bill further amends that section to make clarifying changes and better coordinate with Justice Center legislation.   JUSTIFICATION: Adult homes, enriched housing programs and residences for adults -collectively referred to as adult care facilities - are important models of care that serve as the homes of thousands of New York State residents. This bill modifies reporting requirements related to resident deaths or attempted suicides and felonies committed against residents, to clarify the provisions and better coordinate the provisions with provisions governing reporting to the Justice Center.   PRIOR LEGISLATIVE HISTORY: New legislation, amending a 2017 chapter.   FISCAL IMPLICATIONS: None.   EFFECTIVE DATE: This bill shall take effect the same date as chapter 459 of the Laws of 2017.
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A09034 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9034
 
                   IN ASSEMBLY
 
                                    January 16, 2018
                                       ___________
 
        Introduced  by  M.  of  A.  GOTTFRIED  --  read once and referred to the
          Committee on Health
 
        AN ACT to amend the social services law, in relation to reporting deaths
          and felony crimes 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 a
     2  chapter of the laws of 2017, amending the social services  law  relating
     3  to  death  and felony crime reports in certain adult care facilities, as
     4  proposed in legislative bills numbers S. 787-A and A. 2702,  is  amended
     5  to read as follows:
     6    §  461-m.  Death  and felony crime reporting. The operator of an adult
     7  home, enriched housing program or residence for  adults  shall  have  an
     8  affirmative duty to report any death, or attempted suicide of a resident
     9  to  the department of health within twenty-four hours of its occurrence,
    10  and shall also have an affirmative duty to report to an appropriate  law
    11  enforcement  authority  if  the  operator discovers an incident that the
    12  operator believes or reasonably should believe would constitute a felony
    13  crime against a resident of such facility as soon as possible, or in any
    14  event within twenty-four hours. In addition, [any] the  operator  [of  a
    15  facility  defined  in  section four hundred eighty-eight of this chapter
    16  that is subject to this section,] shall[, in addition,] send any reports
    17  involving a resident who had at any time received services from a mental
    18  hygiene service provider to the justice center  for  the  protection  of
    19  people with special needs [within twenty-four hours of the occurrence of
    20  the  death  or attempted suicide or of the discovery of an incident that
    21  the operator believed or reasonably should have believed to be a  felony
    22  crime].
    23    §  2.  This  act  shall  take  effect on the same date and in the same
    24  manner as a chapter of the laws of 2017, amending  the  social  services
    25  law  relating  to  death  and felony crime reports in certain adult care
    26  facilities, as proposed in legislative bills numbers  S.  787-A  and  A.
    27  2702, takes effect.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00018-06-7
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