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.
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
