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Assembly Bill A5147A

2013-2014 Legislative Session

Relates to death and felony crime reports in certain adult care facilities

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Archive: Last Bill Status - In Senate Committee Social Services Committee

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Bill Amendments

co-Sponsors

2013-A5147 - Details

See Senate Version of this Bill:
S7607
Current Committee:
Senate Social Services
Law Section:
Social Services Law
Laws Affected:
Amd §461-m, Soc Serv L
Versions Introduced in Other Legislative Sessions:
2009-2010: A9554
2011-2012: A565
2015-2016: A3829, S301
2017-2018: A2702, S787

2013-A5147 - Summary

Relates to death and felony crime reports in certain adult care facilities.

2013-A5147 - Bill Text download pdf 

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

                                  5147

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 20, 2013
                               ___________

Introduced  by  M.  of  A.  GOTTFRIED, DINOWITZ, JAFFEE -- read once and
  referred to the Committee on Health

AN ACT to amend the social services law, in relation to death and felony
  crime reports in certain adult care facilities

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

  Section  1.    Section 461-m of the social services law, as amended by
chapter 462 of the laws of 1996, is amended to read as follows:
  S 461-m. Death and felony crime reporting.  The operator of  an  adult
home,  ENRICHED  HOUSING  PROGRAM  or residence for adults shall have an
affirmative duty to report any death, or attempted suicide of a resident
to the department OF HEALTH within twenty-four hours of its  occurrence,
and  shall also have an affirmative duty to report to an appropriate law
enforcement authority if [it is believed that] THE OPERATOR DISCOVERS AN
INCIDENT THAT THE OPERATOR BELIEVES OR REASONABLY SHOULD  BELIEVE  WOULD
CONSTITUTE  a  felony crime [may have been committed] against a resident
of such facility as soon as possible, or in  any  event  within  [forty-
eight]  TWENTY-FOUR  hours.    In  addition, the operator shall send any
reports involving a resident who had at any time received services  from
a mental hygiene service provider to the [state commission on quality of
care  for  the  mentally  disabled] JUSTICE CENTER FOR THE PROTECTION OF
PEOPLE  WITH  SPECIAL  NEEDS,  AND  THE  DEPARTMENT  OF  HEALTH   WITHIN
TWENTY-FOUR HOURS OF THE OCCURRENCE OF THE DEATH OR ATTEMPTED SUICIDE OR
OF THE DISCOVERY OF AN INCIDENT THAT THE OPERATOR BELIEVED OR REASONABLY
SHOULD HAVE BELIEVED TO BE A FELONY CRIME.
  S  2.  This  act  shall take effect on the sixtieth day after it shall
have become a law; provided however, that the commissioner of health may
adopt, amend, suspend or repeal any regulations or  take  other  actions
necessary  to  enforce  or implement the law prior to and in preparation
for the taking effect of the  law;  provided,  however,  such  adoption,
amendment,  suspension  or  repeal  of  regulations shall not have legal
effect until the law takes effect.

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

co-Sponsors

2013-A5147A (ACTIVE) - Details

See Senate Version of this Bill:
S7607
Current Committee:
Senate Social Services
Law Section:
Social Services Law
Laws Affected:
Amd §461-m, Soc Serv L
Versions Introduced in Other Legislative Sessions:
2009-2010: A9554
2011-2012: A565
2015-2016: A3829, S301
2017-2018: A2702, S787

2013-A5147A (ACTIVE) - Summary

Relates to death and felony crime reports in certain adult care facilities.

2013-A5147A (ACTIVE) - Bill Text download pdf 

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

                                 5147--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 20, 2013
                               ___________

Introduced  by  M.  of A. GOTTFRIED, DINOWITZ, JAFFEE, ROSENTHAL -- read
  once and referred to the Committee on Health -- reported and  referred
  to  the  Committee  on  Codes  --  committee discharged, bill amended,
  ordered reprinted as amended and recommitted to said committee

AN ACT to amend the social services law, in relation to death and felony
  crime reports in certain adult care facilities

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

  Section  1.    Section 461-m of the social services law, as amended by
section 14 of part D of chapter 501 of the laws of 2012, is  amended  to
read as follows:
  S  461-m.  Death  and felony crime reporting. The operator of an adult
home, ENRICHED HOUSING PROGRAM or residence for  adults  shall  have  an
affirmative duty to report any death, or attempted suicide of a resident
to  the department OF HEALTH within twenty-four hours of its occurrence,
and shall also have an affirmative duty to report to an appropriate  law
enforcement authority if [it is believed that] THE OPERATOR DISCOVERS AN
INCIDENT  THAT  THE OPERATOR BELIEVES OR REASONABLY SHOULD BELIEVE WOULD
CONSTITUTE a felony crime [may have been committed] against  a  resident
of  such  facility  as  soon as possible, or in any event within [forty-
eight] TWENTY-FOUR hours. In addition, [the] ANY operator OF A  FACILITY
DEFINED  IN  SECTION  FOUR  HUNDRED EIGHTY-EIGHT OF THIS CHAPTER THAT IS
SUBJECT TO THIS SECTION, shall, IN ADDITION, send any reports  involving
a  resident  who had at any time received services from a mental hygiene
service provider to the justice center for the protection of people with
special needs WITHIN TWENTY-FOUR HOURS OF THE OCCURRENCE OF THE DEATH OR
ATTEMPTED SUICIDE OR OF THE DISCOVERY OF AN INCIDENT THAT  THE  OPERATOR
BELIEVED OR REASONABLY SHOULD HAVE BELIEVED TO BE A FELONY CRIME.
  S  2.  This  act  shall take effect on the sixtieth day after it shall
have become a law; provided however, that if section 14  of  part  D  of
chapter 501 of the laws of 2012 shall not have taken effect on or before

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03621-02-3

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