S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5147--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 20, 2013
                               ___________

Introduced  by  M.  of A. GOTTFRIED, DINOWITZ, JAFFEE, ROSENTHAL -- read
  once and referred to the Committee on Health -- reported and  referred
  to  the  Committee  on  Codes  --  committee discharged, bill amended,
  ordered reprinted as amended and recommitted to said committee

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:

  Section  1.    Section 461-m of the social services law, as amended by
section 14 of part D of chapter 501 of the laws of 2012, is  amended  to
read as follows:
  S  461-m.  Death  and felony crime reporting. The operator of an adult
home, ENRICHED HOUSING PROGRAM or residence for  adults  shall  have  an
affirmative duty to report any death, or attempted suicide of a resident
to  the department OF HEALTH within twenty-four hours of its occurrence,
and shall also have an affirmative duty to report to an appropriate  law
enforcement authority if [it is believed that] THE OPERATOR DISCOVERS AN
INCIDENT  THAT  THE OPERATOR BELIEVES OR REASONABLY SHOULD BELIEVE WOULD
CONSTITUTE a felony crime [may have been committed] against  a  resident
of  such  facility  as  soon as possible, or in any event within [forty-
eight] TWENTY-FOUR hours. In addition, [the] ANY operator OF A  FACILITY
DEFINED  IN  SECTION  FOUR  HUNDRED EIGHTY-EIGHT OF THIS CHAPTER THAT IS
SUBJECT TO THIS SECTION, shall, IN ADDITION, send any reports  involving
a  resident  who had at any time received services from a mental hygiene
service provider to the justice center for the protection of people with
special needs WITHIN TWENTY-FOUR HOURS OF THE OCCURRENCE OF THE DEATH OR
ATTEMPTED SUICIDE OR OF THE DISCOVERY OF AN INCIDENT THAT  THE  OPERATOR
BELIEVED OR REASONABLY SHOULD HAVE BELIEVED TO BE A FELONY CRIME.
  S  2.  This  act  shall take effect on the sixtieth day after it shall
have become a law; provided however, that if section 14  of  part  D  of
chapter 501 of the laws of 2012 shall not have taken effect on or before

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03621-02-3
              

A. 5147--A                          2

such  date  then  this act shall take effect on the same date and in the
same manner as section 14 of part D of chapter 501 of the laws  of  2012
takes  effect;  and provided further that the commissioner of health may
adopt,  amend,  suspend  or repeal any regulations or take other actions
necessary to enforce or implement the law prior to  and  in  preparation
for  the  taking  effect  of  the law; provided, however, such adoption,
amendment, suspension or repeal of  regulations  shall  not  have  legal
effect until the law takes effect.