BILL NUMBER: S7024          Revised 5/25/2021

SPONSOR: MANNION
 
TITLE OF BILL:

An act in relation to the provision of records upon the receipt of a
complaint of an incident of abuse or neglect of an individual with a
disability

 
PURPOSE:

The purpose of this bill is to improve access to records and facilities
for the independent agency that has been established as the Protection
and Advocacy System (P&A) to conduct an investigation.

 
SUMMARY OF PROVISIONS:

This bill would authorize the independent agency to have prompt access
to records or data of a facility or access to a facility upon the
receipt of a complaint of an incident of abuse or neglect, or in
instances related to an investigation of a violation against the rights
              

of an individual with a disability who resides in a facility and is
receiving services and supports at such facility.

The independent agency would also be able to receive copies of records
upon written request free of charge within three days or if there is a
complaint of health or safety that puts an individual in serious and
jeopardy, or in the case of death of an individual with a disability,
within twenty hours of receipt of a written request. Further, records
must be provided electronically at the request of the independent agen-
cy.

 
JUSTIFICATION:

The broad ability to obtain records and have access to physical
locations by New York State's Protection and Advocacy System (P&A) is
essential to ensure transparency and expose abuse, neglect, and rights
violations of people with disabilities. As New York's P&A, one of Disa-
bility Rights New York's (DRNY) most critical functions is to investi-
gate allegations of abuse and neglect of people with disabilities in the
locations where they receive services.  Federal law gives the P&A system
broad access to records promptly - typically one to three business days.
Nevertheless, DRNY continues to be met with refusals and delays. For
example, the Department of Corrections and Community Supervision (DOCCS)
has implemented onerous prerequisites for obtaining copies of records.
DOCCS requires DRNY to schedule an appointment to travel to any of New
York's 52 correctional facilities, physically select pages of records,
wait to receive an invoice, and prepay by check before DOCCS will
provide copies. This result in months of delay well beyond the lawful
timeline has expired.

These requirements have completely prevented DRNY from obtaining records
during COVID-19. DOCCS has even refused to make an exception to its
in-person review requirement during the pandemic. DOCCS appears to be
taking these actions for the sole purpose of preventing DRNY from exer-
cising its P&A mandates.

DRNY's investigations of the impact of COVID-19 on people with disabili-
ties in group homes and other congregate settings have also been thwart-
ed. DRNY had to resort to the Freedom of Information Law (FOIL) for
access to data regarding deaths and infection rates in group homes
during the pandemic. The Office for People with Developmental Disabili-
ties (OPWDD) then used a loophole in FOIL to refuse to provide this data
sought for seven months which prevented DRNY and the public of informa-
tion essential to developing effective response measures in real time.
DRNY has also encountered resistance from private, state-licensed, agen-
cies who are unfamiliar with the P&A or who falsely believe that they
are exempt from the federal P&A laws. These scenarios illustrate the
need to clarify and strengthen the P & A authority.

 
LEGISLATIVE HISTORY:

This is new Bill.

 
FISCAL IMPLICATIONS:

Undetermined.

 
EFFECTIVE DATE:
This act shall take effect immediately.