S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1578
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 15, 2019
                                ___________
 
 Introduced by M. of A. ABINANTI -- read once and referred to the Commit-
   tee on Mental Health
 
 AN ACT to amend the mental hygiene law, in relation to duties of provid-
   ers of services for the developmentally disabled
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Subdivision 2 of section 31.11 of the mental  hygiene  law,
 as  amended  by  chapter  558 of the laws of 2011, is amended to read as
 follows:
   2. (A) making such reports  as  are  necessary  to  provide  IMMEDIATE
 REPORTING AND notification to 911 BY THE MANDATED REPORTER, the district
 attorney  or  other appropriate law enforcement official and the commis-
 sioner or his or her authorized representative as soon as possible,  [or
 in  any event within three working days,] if it appears that a crime may
 have been committed against  a  patient  receiving  services  from  such
 provider, unless it appears that the crime includes an employee, intern,
 volunteer,  consultant,  contractor,  or visitor and the alleged conduct
 caused physical injury or the patient was subject to unauthorized sexual
 contact, or if it appears the crime is endangering  the  welfare  of  an
 incompetent  or physically disabled person pursuant to section 260.25 of
 the penal law, or if the crime was any felony  under  state  or  federal
 law,  then  the  district  attorney or other appropriate law enforcement
 official must be contacted immediately[, and in any event no later  than
 twenty-four hours and such] . SUCH other reports, uniform and otherwise,
 as  are  required by the commissioner or his or her authorized represen-
 tative with respect to its operations. If there is reasonable  cause  to
 believe that the crime against the client may have occurred in a facili-
 ty  or program of any other service provider licensed, certified, funded
 or operated by a state agency,  the  administrator  or  chief  executive
 officer  of  such other service provider shall also be notified AND ALSO
 HAS THE RESPONSIBILITY TO ENSURE THAT 911 WAS NOTIFIED as soon as possi-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD04892-01-9

 A. 1578                             2
 
 ble[, or in any event within  three  working  days].  Provided  however,
 nothing  herein  shall  require such report to an administrator or chief
 executive officer of a provider who is alleged  to  have  committed  the
 crime.  [The commissioner may execute a memorandum of understanding with
 the commissioners of other appropriate  state  agencies  to  ensure  the
 coordination  and cooperation of such agencies and providers of services
 with regard to the conduct of any investigation and prevention of unnec-
 essary duplicative  investigations  resulting  from  the  report  of  an
 alleged crime that may have occurred in a facility or program of another
 service  provider.]  Information  obtained  by  the  commissioner or the
 commission on quality of care for the mentally disabled from the records
 of patients receiving services shall be kept confidential in  accordance
 with the provisions of this chapter.
   (B)  ANY  AND  ALL STATE OR PRIVATE DIRECT CARE EMPLOYEES OR ANY OTHER
 OFFICIAL, EMPLOYEE OR VOLUNTEER WITHIN ANY FACILITY OPERATED BY,  CERTI-
 FIED,  LICENSED,  FUNDED  OR OTHERWISE AUTHORIZED BY THE DEPARTMENT THAT
 WITNESSES AND REPORTS ANY ALLEGATION OF  ABUSE,  NEGLECT,  MALTREATMENT,
 UNAUTHORIZED  USE  OF  RESTRAINTS  OR SECLUSION, OR ANY OTHER SUSPICIOUS
 ACTS, OR PREMATURE DEATHS PURSUANT TO PARAGRAPH (A) OF THIS  SUBDIVISION
 SHALL  BE  PROTECTED  FROM ANY AND ALL RETRIBUTION, SUSPENSION OR TERMI-
 NATION BY THE FACILITY, ITS EMPLOYEES OR THE  DEPARTMENT  FOR  REPORTING
 SUCH.  ANY  PERSON  THAT  TREATS  A WHISTLEBLOWER WRONGFULLY, SUSPENDS A
 WHISTLEBLOWER OR FIRES A WHISTLEBLOWER FOR HIS OR HER ACTIONS  SHALL  BE
 SUBJECT  TO  TERMINATION AND SHALL NOT BE ENTITLED TO ABSOLUTE OR QUALI-
 FIED IMMUNITY IN A CAUSE OF ACTION FOR CIVIL LIABILITY.
   § 2. This act shall take effect immediately.