NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A2702
SPONSOR: Gottfried TITLE OF BILL:
An act to amend the social services law, in relation to death and felony
crime reports in certain adult care facilities
PURPOSE OR GENERAL IDEA OF BILL:
This bill will improve the health, safety and quality of life of New
York residents living in adult care facilities.
SUMMARY OF SPECIFIC PROVISIONS:
The bill amends 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 also amends the time for reporting of felonies to law
enforcement, so that a report is made as soon as possible but in any
event within 24 hours of when it is believed that a felony was perpe-
trated against a resident.
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 resi-
dents. This bill improves current reporting requirements related to
resident deaths or attempted suicides and felonies committed against
residents. The bill makes these requirements, already applicable to
adult homes and residences for adults, applicable to enriched housing
programs as well, and requires that felonies be reported within 24 hours
rather than 48 hours as set forth in existing law. In addition, although
reports of deaths, suicides and felonies involving residents who receive
or have received mental hygiene services must be reported to CQCAPD
under current law, there is no deadline for doing so. The bill requires
such reporting to take place within 24 hours of an applicable event.
PRIOR LEGISLATIVE HISTORY:
2009-2010: A.9554 - passed Assembly.
2011-2012: A.565 - reported to Ways and Means committee
2013-2014: A.5147-A - passed Assembly
2015-2016: A.3829 - passed Assembly
FISCAL IMPLICATIONS:
This bill is not expected to have a fiscal impact on the State
EFFECTIVE DATE:
Sixty days after it shall have become a law.
STATE OF NEW YORK
________________________________________________________________________
2702
2017-2018 Regular Sessions
IN ASSEMBLY
January 23, 2017
___________
Introduced by M. of A. GOTTFRIED, DINOWITZ, JAFFEE, ROSENTHAL, AUBRY,
RODRIGUEZ, QUART, SEPULVEDA -- 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 § 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 § 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.
LBD00018-02-7
