S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2702
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 23, 2017
                                ___________
 
 Introduced  by  M.  of A. GOTTFRIED, DINOWITZ, JAFFEE, ROSENTHAL, AUBRY,
   RODRIGUEZ, QUART, SEPULVEDA -- 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:
   §  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.
   §  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.
                                                            LBD00018-02-7