| Date of Action |
Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|---|---|
| Jan 06, 2016 |
referred to health |
| Jan 07, 2015 |
referred to health |
Senate Bill S301
2015-2016 Legislative Session
Sponsored By
(D, WF) Senate District
Archive: Last Bill Status - In Senate Committee Health Committee
Actions
2015-S301 (ACTIVE) - Details
2015-S301 (ACTIVE) - Sponsor Memo
BILL NUMBER: S301
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
2015-S301 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
301
2015-2016 Regular Sessions
I N S E N A T E
(PREFILED)
January 7, 2015
___________
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 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.
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