Bill Text: NY A02702 | 2017-2018 | General Assembly | Introduced
Bill Title: Relates to death and felony crime reports in certain adult care facilities.
Spectrum: Partisan Bill (Democrat 11-0)
Status: (Passed) 2017-12-18 - approval memo.35 [A02702 Detail]
Download: New_York-2017-A02702-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 2702 2017-2018 Regular Sessions IN ASSEMBLY 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: 1 Section 1. Section 461-m of the social services law, as amended by 2 section 14 of part D of chapter 501 of the laws of 2012, is amended to 3 read as follows: 4 § 461-m. Death and felony crime reporting. The operator of an adult 5 home, enriched housing program or residence for adults shall have an 6 affirmative duty to report any death, or attempted suicide of a resident 7 to the department of health within twenty-four hours of its occurrence, 8 and shall also have an affirmative duty to report to an appropriate law 9 enforcement authority if [it is believed that] the operator discovers an 10 incident that the operator believes or reasonably should believe would 11 constitute a felony crime [may have been committed] against a resident 12 of such facility as soon as possible, or in any event within [forty-13eight] twenty-four hours. In addition, [the] any operator of a facility 14 defined in section four hundred eighty-eight of this chapter that is 15 subject to this section, shall, in addition, send any reports involving 16 a resident who had at any time received services from a mental hygiene 17 service provider to the justice center for the protection of people with 18 special needs within twenty-four hours of the occurrence of the death or 19 attempted suicide or of the discovery of an incident that the operator 20 believed or reasonably should have believed to be a felony crime. 21 § 2. This act shall take effect on the sixtieth day after it shall 22 have become a law; provided however, that the commissioner of health may 23 adopt, amend, suspend or repeal any regulations or take other actions 24 necessary to enforce or implement the law prior to and in preparation 25 for the taking effect of the law; and provided further that such 26 adoption, amendment, suspension or repeal of regulations shall not have 27 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