S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8710
 
                           I N  A S S E M B L Y
 
                             January 11, 2022
                                ___________
 
 Introduced  by M. of A. GUNTHER -- read once and referred to the Commit-
   tee on Mental Health
 
 AN ACT to amend a chapter of the laws of 2021 relating to the  provision
   of  records upon the receipt of a complaint of an incident of abuse or
   neglect of an individual with a disability, as proposed in legislative
   bills numbers A. 7731 and S. 7024, in relation  to  the  provision  of
   such records

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 1 of a chapter of the laws of 2021 relating to  the
 provision  of  records upon the receipt of a complaint of an incident of
 abuse or neglect of an individual with  a  disability,  as  proposed  in
 legislative  bills  numbers  A.  7731 and S. 7024, is amended to read as
 follows:
   Section 1. Upon receipt of a complaint of  an  incident  of  abuse  or
 neglect of an individual with a disability, or if the independent agency
 established  under  section 558 of the executive law determines there is
 probable cause to believe that such an incident occurred,  or  in  other
 instances  related  to  an investigation of a violation of such individ-
 ual's rights, the independent agency shall have prompt access:   to  any
 facility  or  part  thereof  serving  such  individual that is operated,
 certified or licensed by any office or agency of the state, at any time;
 to all books, records and data pertaining to such [a]  facility  SERVING
 INDIVIDUALS WITH DISABILITIES; to such individual with a disability in a
 location  in  which services, supports and other assistance are provided
 to such individual; to records of a facility or provider agency concern-
 ing such individual; and to any other records or data that the independ-
 ent agency determines are relevant to conducting an  investigation.  The
 independent  agency  also  shall  have  access to records of the justice
 center as set forth in paragraph (f) of subdivision  one  and  paragraph
 (y)  of subdivision two of section four hundred ninety-six of the social
 services law. Copies of records shall be  provided  to  the  independent
 agency free of charge within three business days of receipt of a written
 request, or if there is a complaint of health or safety placing individ-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD11604-03-2
 A. 8710                             2
 
 uals  in  serious and immediate jeopardy, or in the case of the death of
 an individual with a disability, within twenty-four hours of receipt  of
 a  written request. [Records shall be provided in electronic form at the
 request of the independent agency] IF THE INDEPENDENT AGENCY'S ACCESS IS
 DENIED OR DELAYED BEYOND THE DEADLINES SPECIFIED HEREIN, THE INDEPENDENT
 AGENCY  SHALL  BE PROVIDED, WITHIN ONE BUSINESS DAY AFTER THE EXPIRATION
 OF SUCH DEADLINE, WITH A WRITTEN STATEMENT OF REASONS FOR THE DENIALS OR
 DELAY.  WHERE RECORDS ARE KEPT OR MAINTAINED ELECTRONICALLY  THEY  SHALL
 BE PROVIDED TO THE INDEPENDENT AGENCY ELECTRONICALLY.
   §  2.    Section  2  of  a chapter of the laws of 2021 relating to the
 provision of records upon the receipt of a complaint of an  incident  of
 abuse  or  neglect  of  an  individual with a disability, as proposed in
 legislative bills numbers A. 7731 and S. 7024, is  amended  to  read  as
 follows:
   §  2.  This  act shall take effect [immediately]  ON THE THIRTIETH DAY
 AFTER IT SHALL HAVE BECOME A LAW.
   § 3. This act shall take effect immediately; provided,  however,  that
 section  one  of  this act shall take effect on the same date and in the
 same manner as a chapter of the laws of 2021 relating to  the  provision
 of  records  upon  the receipt of a complaint of an incident of abuse or
 neglect of an individual with a disability, as proposed  in  legislative
 bills numbers A. 7731 and S. 7024, takes effect.