S T A T E   O F   N E W   Y O R K
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                                  1724

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             January 9, 2009
                               ___________

Introduced  by  M.  of  A.  GOTTFRIED,  GALEF,  JACOBS, DINOWITZ, PERRY,
  V. LOPEZ, KAVANAGH, PAULIN -- Multi-Sponsored by -- M.  of  A.  AUBRY,
  BOYLAND,  BRENNAN,  CAHILL,  CLARK,  COLTON, COOK, CUSICK, CYMBROWITZ,
  ENGLEBRIGHT, FARRELL, GLICK,  HEASTIE,  HOOPER,  HOYT,  JAFFEE,  JOHN,
  KELLNER,  KOON,  LATIMER,  McENENY,  MILLMAN, ORTIZ, PERALTA, PHEFFER,
  J. RIVERA, P. RIVERA, ROBINSON, SCHIMEL,  SWEENEY  --  read  once  and
  referred to the Committee on Health

AN  ACT  to  amend the public health law and the social services law, in
  relation to requiring incident reporting by home care  services  agen-
  cies, hospitals, and adult care facilities

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The public health law is amended by adding  a  new  section
3605-b to read as follows:
  S 3605-B. INCIDENT REPORTING. 1. EVERY HOME CARE SERVICES AGENCY SHALL
REPORT EVERY REPORTABLE INCIDENT TO THE DEPARTMENT IN A MANNER AND WITH-
IN TIME PERIODS AS MAY BE SPECIFIED BY REGULATION OF THE DEPARTMENT.
  2.  "REPORTABLE  INCIDENT"  MEANS (A) ANY INCIDENT IN THE COURSE OF OR
AFFECTING HOME CARE SERVICES WHICH, IF IT OCCURRED IN A HOSPITAL SUBJECT
TO SECTION TWENTY-EIGHT HUNDRED FIVE-L OF THIS CHAPTER, WOULD BE REPORT-
ABLE UNDER SUCH SECTION, AND (B) ANY TRANSFER OF A PATIENT TO A HOSPITAL
AS A RESULT OF HOME CARE SERVICES.
  3. THE HOME CARE SERVICES AGENCY SHALL CONDUCT AN INVESTIGATION OF ANY
REPORTABLE INCIDENT WITHIN THIRTY DAYS OF  OBTAINING  KNOWLEDGE  OF  ANY
INFORMATION  WHICH REASONABLY APPEARS TO SHOW THAT A REPORTABLE INCIDENT
HAS OCCURRED, PROVIDED THAT, IF THE HOME CARE SERVICES AGENCY REASONABLY
EXPECTS THE INVESTIGATION TO EXTEND BEYOND THE THIRTY  DAY  PERIOD,  THE
HOME CARE SERVICES AGENCY SHALL NOTIFY THE DEPARTMENT OF THE EXPECTATION
AND THE REASON THEREFOR, AND SHALL INFORM THE DEPARTMENT OF THE EXPECTED
COMPLETION  DATE  OF  THE  INVESTIGATION.  THE HOME CARE SERVICES AGENCY
SHALL PROVIDE TO THE DEPARTMENT A COPY OF THE INVESTIGATION REPORT WITH-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
A                                                          LBD00980-01-9
              

A. 1724                             2

IN TWENTY-FOUR HOURS OF COMPLETION. NOTHING IN THIS SECTION SHALL  LIMIT
THE AUTHORITY OF THE DEPARTMENT TO CONDUCT AN INVESTIGATION OF INCIDENTS
OCCURRING IN HOME CARE SETTINGS.
  4. THE COMMISSIONER SHALL REFER ANY INFORMATION IN A REPORT UNDER THIS
SECTION FOR APPROPRIATE ACTION TO (A) THE OFFICE OF PROFESSIONAL MEDICAL
CONDUCT,  IN  THE CASE OF A PHYSICIAN, PHYSICIAN'S ASSISTANT OR SPECIAL-
IST'S ASSISTANT; (B) THE OFFICE OF  THE  PROFESSIONS  OF  THE  EDUCATION
DEPARTMENT, IN THE CASE OF ANY OTHER HEALTH CARE PRACTITIONER; OR (C) IN
AN  APPROPRIATE  CASE,  ANY  OTHER  GOVERNMENTAL AGENCY WITH APPROPRIATE
JURISDICTION WHICH COULD RECEIVE SUCH INFORMATION  IF  SUCH  INFORMATION
HAD  BEEN  REPORTED  TO  THE DEPARTMENT PURSUANT TO SECTION TWENTY-EIGHT
HUNDRED FIVE-L OF THIS CHAPTER.
  5. THE COMMISSIONER SHALL COMPILE IN THE SAME  MANNER  AS  INFORMATION
RECEIVED, OR COMPILED PURSUANT TO SECTION TWENTY-EIGHT HUNDRED FIVE-L OF
THIS  CHAPTER,  STATISTICAL DATA TO THE EXTENT IT IS REPORTED UNDER THIS
SECTION, AND SHALL REPORT TO THE  GOVERNOR,  THE  LEGISLATURE,  AND  THE
PUBLIC  SUCH DATA,   ALONG WITH ANY COMMENTS OR RECOMMENDATIONS THAT THE
COMMISSIONER MAY HAVE, NO LATER THAN AUGUST FIFTEENTH OF THE YEAR  AFTER
THE EFFECTIVE DATE OF THIS SECTION, AND EACH YEAR THEREAFTER.
  6.  ALL  REPORTS  AND OTHER INFORMATION REQUIRED TO BE REPORTED TO THE
DEPARTMENT UNDER THIS SECTION, INCLUDING INDIVIDUAL PATIENT  IDENTIFYING
INFORMATION,  SHALL  BE  KEPT  CONFIDENTIAL  BY  THE  DEPARTMENT AND THE
DEPARTMENT OF EDUCATION AND SHALL NOT BE  SUBJECT  TO  DISCLOSURE  UNDER
ARTICLE  SIX  OF  THE  PUBLIC  OFFICERS LAW OR ARTICLE THIRTY-ONE OF THE
CIVIL PRACTICE LAW AND RULES, EXCEPT AS PROVIDED IN THIS SECTION OR  ANY
OTHER PROVISION OF LAW.
  7.  THIS SECTION DOES NOT REPLACE ANY OTHER REPORTING REQUIRED BY THIS
CHAPTER OR OTHER PROVISIONS OF LAW.
  8. THE COMMISSIONER IS AUTHORIZED TO MAKE  ANY  RULES  OR  REGULATIONS
APPROPRIATE TO IMPLEMENT THE PROVISIONS OF THIS SECTION.
  S  2.  Subdivision  1  of  section 2805-l of the public health law, as
added by chapter 266 of the laws of 1986, is amended to read as follows:
  1. All hospitals, as defined in subdivision [ten] ONE of section twen-
ty-eight hundred one of this article, shall be required to report  inci-
dents  described by subdivision two of this section to the department in
a manner and within time periods as may be specified  by  regulation  of
the department.
  S 3. The social services law is amended by adding  a new section 461-s
to read as follows:
  S 461-S. INCIDENT REPORTING. 1. EVERY ADULT CARE FACILITY SHALL REPORT
EVERY  REPORTABLE  INCIDENT  TO THE DEPARTMENT OF HEALTH IN A MANNER AND
WITHIN TIME PERIODS AS MAY BE SPECIFIED BY REGULATION OF THE  DEPARTMENT
OF HEALTH.
  2.  "REPORTABLE  INCIDENT"  MEANS (A) ANY INCIDENT IN THE COURSE OF OR
AFFECTING ADULT CARE FACILITIES WHICH, IF  IT  OCCURRED  IN  A  HOSPITAL
SUBJECT TO SECTION TWENTY-EIGHT HUNDRED FIVE-L OF THE PUBLIC HEALTH LAW,
WOULD  BE  REPORTABLE  UNDER  SUCH  SECTION,  AND  (B) ANY TRANSFER OF A
PATIENT TO A HOSPITAL FROM AN ADULT CARE FACILITY.
  3. THE ADULT CARE FACILITIES SHALL CONDUCT  AN  INVESTIGATION  OF  ANY
REPORTABLE  INCIDENT  WITHIN  THIRTY  DAYS OF OBTAINING KNOWLEDGE OF ANY
INFORMATION WHICH REASONABLY APPEARS TO SHOW THAT A REPORTABLE  INCIDENT
HAS  OCCURRED,  PROVIDED  THAT,  IF  THE  ADULT CARE FACILITY REASONABLY
EXPECTS THE INVESTIGATION TO EXTEND BEYOND THE THIRTY  DAY  PERIOD,  THE
ADULT  CARE  FACILITY  SHALL  NOTIFY  THE  DEPARTMENT  OF  HEALTH OF THE
EXPECTED COMPLETION DATE OF THE INVESTIGATION. THE ADULT  CARE  FACILITY
SHALL  PROVIDE  TO  THE DEPARTMENT OF HEALTH A COPY OF THE INVESTIGATION

A. 1724                             3

REPORT WITHIN TWENTY-FOUR HOURS OF COMPLETION. NOTHING IN  THIS  SECTION
SHALL  LIMIT  THE  AUTHORITY  OF  THE DEPARTMENT OF HEALTH TO CONDUCT AN
INVESTIGATION OF INCIDENTS OCCURRING IN ADULT CARE FACILITIES.
  4.  THE COMMISSIONER OF HEALTH SHALL REFER ANY INFORMATION IN A REPORT
UNDER THIS SECTION FOR APPROPRIATE ACTION TO (A) THE OFFICE  OF  PROFES-
SIONAL  MEDICAL CONDUCT, IN THE CASE OF A PHYSICIAN, PHYSICIAN'S ASSIST-
ANT OR SPECIALIST'S ASSISTANT; (B) THE OFFICE OF THE PROFESSIONS OF  THE
EDUCATION DEPARTMENT, IN THE CASE OF ANY OTHER HEALTH CARE PRACTITIONER;
OR (C) IN AN APPROPRIATE CASE, ANY OTHER GOVERNMENTAL AGENCY WITH APPRO-
PRIATE  JURISDICTION WHICH COULD RECEIVE SUCH INFORMATION IF SUCH INFOR-
MATION HAD BEEN REPORTED TO THE DEPARTMENT OF HEALTH PURSUANT TO SECTION
TWENTY-EIGHT HUNDRED FIVE-L OF THE PUBLIC HEALTH LAW.
  5. THE COMMISSIONER OF HEALTH SHALL COMPILE  IN  THE  SAME  MANNER  AS
INFORMATION  RECEIVED  OR  COMPLIED  PURSUANT  TO  SECTION  TWENTY-EIGHT
HUNDRED FIVE-L OF THE PUBLIC HEALTH LAW, STATISTICAL DATA TO THE  EXTENT
IT IS REPORTED UNDER THIS SECTION, AND SHALL REPORT TO THE GOVERNOR, THE
LEGISLATURE,  AND THE PUBLIC SUCH DATA ALONG WITH ANY COMMENTS OR RECOM-
MENDATIONS THAT THE COMMISSIONER OF  HEALTH  MAY  HAVE,  NO  LATER  THAN
AUGUST  FIFTEENTH  OF THE YEAR AFTER THE EFFECTIVE DATE OF THIS SECTION,
AND EACH YEAR THEREAFTER.
  6. ALL REPORTS AND OTHER INFORMATION REQUIRED TO BE  REPORTED  TO  THE
DEPARTMENT  UNDER THIS SECTION, INCLUDING INDIVIDUAL PATIENT IDENTIFYING
INFORMATION, SHALL BE KEPT CONFIDENTIAL BY THE DEPARTMENT OF HEALTH  AND
THE DEPARTMENT OF EDUCATION AND SHALL NOT BE SUBJECT TO DISCLOSURE UNDER
ARTICLE  SIX  OF  THE  PUBLIC  OFFICERS LAW OR ARTICLE THIRTY-ONE OF THE
CIVIL PRACTICE LAW AND RULES, EXCEPT AS PROVIDED IN THIS SECTION OR  ANY
OTHER PROVISION OF LAW.
  7.  THIS SECTION DOES NOT REPLACE ANY OTHER REPORTING REQUIRED BY THIS
CHAPTER OR OTHER PROVISIONS OF LAW.
  8. THE COMMISSIONER OF HEALTH IS AUTHORIZED TO MAKE ANY RULES OR REGU-
LATIONS APPROPRIATE TO IMPLEMENT THE PROVISIONS OF THIS SECTION.
  S 4. This act shall take effect on the one hundred twentieth day after
it shall have become a law.