S T A T E O F N E W Y O R K
________________________________________________________________________
2586
2021-2022 Regular Sessions
I N A S S E M B L Y
January 19, 2021
___________
Introduced by M. of A. SANTABARBARA -- read once and referred to the
Committee on Mental Health
AN ACT to amend the social services law, in relation to authorizing
certain reports relating to reportable incidents involving vulnerable
persons to be released to officers and employees of the state comp-
troller for the purposes of a duly authorized performance audit
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraphs (f) and (g) of subdivision 1 of section 496 of
the social services law, as added by section 1 of part B of chapter 501
of the laws of 2012, are amended and a new paragraph (h) is added to
read as follows:
(f) the independent agency designated pursuant to subdivision (b) of
section five hundred fifty-eight of the executive law, provided that
such information is relevant to a matter within the legal authority of
such agency; [or]
(g) other persons named in the report, as defined in subdivision thir-
teen of section four hundred eighty-eight of this article which
includes, but is not limited to, the service recipient's parent, guardi-
an or other person legally responsible for such person; provided, howev-
er, that the names and other personally identifying information of
custodians and other service recipients shall not be included unless
such custodians and service recipients authorize disclosure. Notwith-
standing the prohibitions on non-redisclosure set forth in the closing
sentence of this subdivision, the service recipient, and such service
recipient's parent, guardian or other person legally responsible for
such service recipient may disclose information and reports made avail-
able pursuant to this paragraph to an attorney, who shall not further
disclose except as is necessary for use by such attorney in rendering
advice, assistance and representation[.]; OR
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04756-01-1
A. 2586 2
(H) OFFICERS AND EMPLOYEES OF THE STATE COMPTROLLER, FOR PURPOSES OF A
DULY AUTHORIZED PERFORMANCE AUDIT; PROVIDED, HOWEVER, THAT SUCH OFFICERS
AND EMPLOYEES SHALL PROTECT THE CONFIDENTIALITY OF THE SERVICE RECIPI-
ENT, THE SUBJECT OF THE REPORT, AND ANY OTHER PERSON NAMED IN THE
REPORT, IN ACCORDANCE WITH THE PROVISIONS OF PARAGRAPH (T) OF SUBDIVI-
SION TWO OF THIS SECTION.
§ 2. This act shall take effect immediately.