|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|
senate Bill S60
Archive: Last Bill Status - In Senate Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S60 - Details
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
BILL NUMBER:S60 REVISED 12/30/11 TITLE OF BILL: 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 confidentiality of information relating to such abuses PURPOSE OR GENERAL IDEA OF BILL: This bill will facilitate prosecution of individuals who abuse or neglect patients in health care facilities receiving Medicaid funds. SUMMARY OF SPECIFIC PROVISIONS: Section 1 of the bill amends Public Health Law § 2803-d(6)(c) to extend, from 120 days to 5 years, the period prior to expungement of records of the Department of Health ("DOH") records related to reports of abuse in residential care facilities that are determined to be unsubstantiated. Section 2 repeals Public Health Law § 2803-d(6)(e) and adds a new §2803-d(6)(e) to require sealing of DOH records relating to abuse
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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