senate Bill S7607

2013-2014 Legislative Session

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

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Committee


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

do you support this bill?

Actions

view actions (1)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 15, 2014 referred to health

S7607 - Bill Details

See Assembly Version of this Bill:
A5147A
Current Committee:
Law Section:
Social Services Law
Laws Affected:
Amd §461-m, Soc Serv L
Versions Introduced in Previous Legislative Sessions:
2011-2012: A565
2009-2010: A9554

S7607 - Bill Texts

view summary

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

view sponsor memo
BILL NUMBER:S7607

TITLE OF BILL: An act to amend the social services law, in relation
to death and felony crime reports in certain adult care facilities

PURPOSE OR GENERAL IDEA OF BILL: This bill will improve the health,
safety and quality of life of New York residents living in adult care
facilities,

SUMMARY OF SPECIFIC PROVISIONS: The bill amends SSL § 461-m to include
enriched housing programs among the adult care facilities that must:

(1) report any death or attempted suicide of a resident to D01-1
within 24 hours; (2) report felonies believed to have been committed
against residents to appropriate law enforcement authorities; and (3)
report deaths, attempted suicides and felonies involving residents who
at any time received mental hygiene services to the Justice Center for
the Protection of People with Special Needs. The bill also amends the
time for reporting of felonies to law enforcement, so that a report is
made as soon as possible but in any event within 24 hours of when it
is believed that a felony was perpetrated against a resident.

JUSTIFICATION: Adult homes, enriched housing programs and residences
for adults - collectively referred to as adult care facilities - are
important models of care that serve as the homes of thousands of New
York State residents. This bill improves current reporting
requirements related to resident deaths or attempted suicides and
felonies committed against residents. The bill makes these
requirements, already applicable to adult homes and residences for
adults, applicable to enriched housing programs as well, and requires
that felonies be reported within 24 hours rather than 48 hours as set
forth in existing law. In addition, although reports of deaths,
suicides and felonies involving residents who receive or have received
mental hygiene services must be reported to CQCAPD under current law,
there is no deadline for doing so. The bill requires such reporting to
take place within 24 hours of an applicable event.

PRIOR LEGISLATIVE HISTORY: 2009-2010: A.9554 - passed Assembly.
2011-2012: A565 reported to Ways and Means committee

FISCAL IMPLICATIONS: This bill is not expected to have a fiscal impact
on the State.

EFFECTIVE DATE: Sixty days after it shall have become a law.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7607

                            I N  S E N A T E

                              May 15, 2014
                               ___________

Introduced by Sen. ESPAILLAT -- read twice and ordered printed, and when
  printed to be committed 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
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
such date then this act shall take effect on the same date  and  in  the
same  manner  as section 14 of part D of chapter 501 of the laws of 2012
takes effect; and provided further 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.
                                                           LBD03621-03-4

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.