senate Bill S60

2011-2012 Legislative Session

Provides for the expungement of unsustained allegations of abuse and the sealing of records; repealer

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to codes
Mar 23, 2011 committee discharged and committed to codes
Feb 22, 2011 notice of committee consideration - requested
Jan 05, 2011 referred to health

S60 - Details

See Assembly Version of this Bill:
A9072
Current Committee:
Law Section:
Public Health Law
Laws Affected:
Amd §2803-d, rpld §2803-d sub 6 ¶(e), Pub Health L; amd §296, Exec L
Versions Introduced in 2009-2010 Legislative Session:
S2209, A1802

S60 - Summary

Provides for the expungement of unsustained allegations of abuse of persons receiving care and services in residential health care facilities and the sealing of records where the commissioner of health has determined such allegations of abuse would not be sustained; provides exceptions to such provisions.

S60 - Sponsor Memo

S60 - Bill Text download pdf

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

                                   60

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sen.  DIAZ  --  read twice and ordered printed, and when
  printed to be committed to the Committee on Health

AN ACT to amend the public health law and the executive law, in relation
  to reporting of abuses of persons receiving care in residential health
  care facilities; and to repeal  paragraph  (e)  of  subdivision  6  of
  section 2803-d of the public health law relating to the confidentiali-
  ty of information relating to such abuses

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

  Section 1. Paragraph (c) of subdivision 6 of  section  2803-d  of  the
public  health  law,  as  amended by chapter 414 of the laws of 1986, is
amended to read as follows:
  (c) All information relating to any allegation which the  commissioner
has  determined  would  not  be sustained shall be expunged [one hundred
twenty days] FIVE YEARS following notification of such determination  to
the  person  who  made  the  report  pursuant  to this section, unless a
proceeding pertaining to such allegation is pending pursuant to  article
seventy-eight  of the civil practice law and rules. Whenever information
is expunged, the commissioner shall notify any official notified  pursu-
ant  to  paragraph (a) of this subdivision that the information has been
expunged.
  S 2. Paragraph (e) of subdivision 6 of section 2803-d  of  the  public
health  law  is  REPEALED  and  a  new paragraph (e) is added to read as
follows:
  (E) (I) ALL INFORMATION RELATING TO ANY ALLEGATION  THAT  THE  COMMIS-
SIONER  HAS  DETERMINED  WOULD  NOT  BE  SUSTAINED,  SHALL BE SEALED ONE
HUNDRED TWENTY DAYS FOLLOWING NOTIFICATION OF SUCH DETERMINATION TO  THE
PERSON WHO MADE THE REPORT. SUCH REPORTS MAY BE UNSEALED AND MADE AVAIL-
ABLE  ONLY TO (A) THE SUBJECT OF THE REPORT; OR (B) A DISTRICT ATTORNEY,
AN ASSISTANT DISTRICT  ATTORNEY,  THE  ATTORNEY  GENERAL,  AN  ASSISTANT

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

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