Assembly Bill A9613

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

                                 9613--A

                          I N  A S S E M B L Y

                             March 20, 2012
                               ___________

Introduced  by M. of A. WEISENBERG, GUNTHER, McKEVITT, SWEENEY, SCHIMEL,
  TITUS -- Multi-Sponsored by -- M.  of  A.  BOYLAND,  BRENNAN,  CROUCH,
  DUPREY,  GOTTFRIED,  McDONOUGH, McENENY, RA, ROBINSON -- read once and
  referred to the Committee on Mental Health  --  committee  discharged,
  bill  amended,  ordered  reprinted  as amended and recommitted to said
  committee

AN ACT to amend the mental hygiene law, in relation to duties of provid-
  ers of services for the developmentally disabled

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

  Section  1.  Subdivision 2 of section 31.11 of the mental hygiene law,
as amended by chapter 558 of the laws of 2011, is  amended  to  read  as
follows:
  2.  (A)  making  such  reports  as  are necessary to provide IMMEDIATE
notification to the district attorney or other appropriate law  enforce-
ment  official  and  the commissioner or his or her authorized represen-
tative as soon as possible, [or in any event within three working days,]
if it appears that a crime may have been  committed  against  a  patient
receiving  services from such provider, unless it appears that the crime
includes an employee,  intern,  volunteer,  consultant,  contractor,  or
visitor  and  the  alleged conduct caused physical injury or the patient
was subject to unauthorized sexual contact, or if it appears  the  crime
is  endangering  the  welfare  of  an incompetent or physically disabled
person pursuant to section 260.25 of the penal law, or if the crime  was
any  felony  under  state  or federal law, then the district attorney or
other appropriate law enforcement official must be contacted  immediate-
ly,  and  in  any  event  no later than twenty-four hours and such other
reports, uniform and otherwise, as are required by the  commissioner  or
his  or her authorized representative with respect to its operations. If
there is reasonable cause to believe that the crime against  the  client
may have occurred in a facility or program of any other service provider
licensed,  certified, funded or operated by a state agency, the adminis-
trator or chief executive officer of such other service  provider  shall
also be notified as soon as possible, or in any event within three work-

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

                                                           LBD14977-02-2

A. 9613--A                          2

ing  days. Provided however, nothing herein shall require such report to
an administrator or chief executive officer of a provider who is alleged
to have committed the crime. The commissioner may execute  a  memorandum
of understanding with the commissioners of other appropriate state agen-
cies  to  ensure  the  coordination and cooperation of such agencies and
providers of services with regard to the conduct  of  any  investigation
and  prevention of unnecessary duplicative investigations resulting from
the report of an alleged crime that may have occurred in a  facility  or
program of another service provider. Information obtained by the commis-
sioner  or  the  commission on quality of care for the mentally disabled
from the records of patients receiving services shall be kept  confiden-
tial in accordance with the provisions of this chapter.
  (B)  ANY  AND  ALL STATE OR PRIVATE DIRECT CARE EMPLOYEES OR ANY OTHER
OFFICIAL, EMPLOYEE OR VOLUNTEER WITHIN ANY FACILITY OPERATED BY,  CERTI-
FIED,  LICENSED,  FUNDED  OR OTHERWISE AUTHORIZED BY THE DEPARTMENT THAT
WITNESSES AND REPORTS ANY ALLEGATION OF  ABUSE,  NEGLECT,  MALTREATMENT,
UNAUTHORIZED  USE  OF  RESTRAINTS  OR SECLUSION, OR ANY OTHER SUSPICIOUS
ACTS, OR PREMATURE DEATHS PURSUANT TO PARAGRAPH (A) OF THIS  SUBDIVISION
SHALL  BE  PROTECTED  FROM ANY AND ALL RETRIBUTION, SUSPENSION OR TERMI-
NATION BY THE FACILITY, ITS EMPLOYEES OR THE  DEPARTMENT  FOR  REPORTING
SUCH.  ANY  PERSON  THAT  TREATS  A WHISTLEBLOWER WRONGFULLY, SUSPENDS A
WHISTLEBLOWER OR FIRES A WHISTLEBLOWER FOR HIS OR HER ACTIONS  SHALL  BE
SUBJECT  TO  TERMINATION AND SHALL NOT BE ENTITLED TO ABSOLUTE OR QUALI-
FIED IMMUNITY IN A CAUSE OF ACTION FOR CIVIL LIABILITY.
  S 2. This act shall take effect immediately.