Assembly Bill A3829

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

                                  3829

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 27, 2015
                               ___________

Introduced  by M. of A. GOTTFRIED, DINOWITZ, JAFFEE, ROSENTHAL, AUBRY --
  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
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 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;  and  provided  further  that  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.
                                                           LBD01920-01-5