Bill Text: NY A01802 | 2009-2010 | General Assembly | Introduced
Bill Title: An act to amend the public health law and the executive law, in relation to reporting of abuses of persons receiving care in residential health care facilities; and to repeal paragraph (e) of subdivision 6 of section 2803-d of the public health law relating to the confidentiality of information relating to such abuses
Spectrum: Moderate Partisan Bill (Democrat 22-4)
Status: (Introduced - Dead) 2010-01-06 - referred to aging [A01802 Detail]
Download: New_York-2009-A01802-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
1802
2009-2010 Regular Sessions
I N A S S E M B L Y
January 12, 2009
___________
Introduced by M. of A. DINOWITZ, ENGLEBRIGHT, FIELDS, MILLMAN, DelMONTE,
HOYT, GALEF, GOTTFRIED, HEASTIE, JOHN, MARKEY, PHEFFER, REILLY --
Multi-Sponsored by -- M. of A. ALFANO, ARROYO, BACALLES, DESTITO,
EDDINGTON, ERRIGO, FINCH, HOOPER, McENENY, J. RIVERA, P. RIVERA, SWEE-
NEY, WALKER, WRIGHT, ZEBROWSKI -- read once and referred to the
Committee on Aging
AN ACT to amend the public health law and the executive law, in relation
to reporting of abuses of persons receiving care in residential health
care facilities; and to repeal paragraph (e) of subdivision 6 of
section 2803-d of the public health law relating to the confidentiali-
ty of information relating to such abuses
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Paragraph (c) of subdivision 6 of section 2803-d of the
2 public health law, as amended by chapter 414 of the laws of 1986, is
3 amended to read as follows:
4 (c) All information relating to any allegation which the commissioner
5 has determined would not be sustained shall be expunged [one hundred
6 twenty days] FIVE YEARS following notification of such determination to
7 the person who made the report pursuant to this section, unless a
8 proceeding pertaining to such allegation is pending pursuant to article
9 seventy-eight of the civil practice law and rules. Whenever information
10 is expunged, the commissioner shall notify any official notified pursu-
11 ant to paragraph (a) of this subdivision that the information has been
12 expunged.
13 S 2. Paragraph (e) of subdivision 6 of section 2803-d of the public
14 health law is REPEALED and a new paragraph (e) is added to read as
15 follows:
16 (E) (I) ALL INFORMATION RELATING TO ANY ALLEGATION THAT THE COMMIS-
17 SIONER HAS DETERMINED WOULD NOT BE SUSTAINED, SHALL BE SEALED ONE
18 HUNDRED TWENTY DAYS FOLLOWING NOTIFICATION OF SUCH DETERMINATION TO THE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03227-01-9
A. 1802 2
1 PERSON WHO MADE THE REPORT. SUCH REPORTS MAY BE UNSEALED AND MADE AVAIL-
2 ABLE ONLY TO (A) THE SUBJECT OF THE REPORT; OR (B) A DISTRICT ATTORNEY,
3 AN ASSISTANT DISTRICT ATTORNEY, THE ATTORNEY GENERAL, AN ASSISTANT
4 ATTORNEY GENERAL, AN INVESTIGATOR EMPLOYED IN THE OFFICE OF A DISTRICT
5 ATTORNEY OR THE ATTORNEY GENERAL, OR TO A POLICE OFFICER BY THE DIVISION
6 OF STATE POLICE, BY A CITY, COUNTY, TOWN OR VILLAGE POLICE DEPARTMENT OR
7 BY A COUNTY SHERIFF'S OFFICE WHEN SUCH OFFICIAL REPRESENTS THAT THE
8 REPORT IS NECESSARY TO CONDUCT AN ACTIVE INVESTIGATION OR PROSECUTION
9 RELATED TO ALLEGATIONS OF PHYSICAL ABUSE, MISTREATMENT OR NEGLECT, OR
10 THE FAILURE TO REPORT SUCH AN INCIDENT.
11 (II) PERSONS GIVEN ACCESS TO REPORTS PURSUANT TO SUBPARAGRAPH (I) OF
12 THIS PARAGRAPH SHALL NOT REDISCLOSE SUCH REPORTS EXCEPT AS NECESSARY TO
13 CONDUCT SUCH APPROPRIATE INVESTIGATION OR PROSECUTION AND SHALL REQUEST
14 OF THE COURT THAT ANY COPIES OF SUCH REPORTS PRODUCED IN ANY COURT
15 PROCEEDING BE REDACTED TO REMOVE THE NAMES OF THE SUBJECTS AND OTHER
16 PERSONS NAMED IN THE REPORTS OR THAT THE COURT ISSUE AN ORDER PROTECTING
17 THE NAMES OF THE SUBJECTS AND OTHER PERSONS NAMED IN THE REPORTS FROM
18 PUBLIC DISCLOSURE.
19 S 3. Paragraph (f) of subdivision 6 of section 2803-d of the public
20 health law, as amended by chapter 340 of the laws of 1980, is amended to
21 read as follows:
22 (f) [Information] ANY REPORT OF PHYSICAL ABUSE, MISTREATMENT OR
23 NEGLECT, RECORD OF THE INVESTIGATION OF SUCH REPORT AND ALL OTHER INFOR-
24 MATION RELATED TO SUCH REPORT SHALL BE CONFIDENTIAL AND SHALL BE EXEMPT
25 FROM DISCLOSURE UNDER ARTICLE SIX OF THE PUBLIC OFFICERS LAW, PROVIDED
26 HOWEVER THAT INFORMATION relating to a report made pursuant to this
27 section shall be disclosed under any of the following conditions:
28 (i) pursuant to article six of the public officers law after expunge-
29 ment or amendment, if any, is made in accordance with a hearing
30 conducted pursuant to this section, or at least forty-five days after a
31 written determination is made by the commissioner concerning such
32 report, whichever is later; provided, however, that the identity of the
33 person who made the report, the victim, or any other person named,
34 except a person who the commissioner has determined committed an act of
35 physical abuse, neglect or mistreatment, shall not be disclosed unless
36 such person authorizes such disclosure;
37 (ii) as may be required by the penal law or any lawful order or
38 warrant issued pursuant to the criminal procedure law; or
39 (iii) to a person who has requested a hearing pursuant to this
40 section, information relating to the determination upon which the hear-
41 ing is to be conducted; provided, however, that the identity of the
42 person who made the report or any other person who provided information
43 in an investigation of the report shall not be disclosed unless such
44 person authorizes such disclosure[.]; OR
45 (IV) TO A PROSECUTOR, INCLUDING THE ATTORNEY GENERAL, WHEN SUCH
46 REQUEST IS MADE IN CONNECTION WITH AND NECESSARY TO THE FURTHERANCE OF A
47 CRIMINAL INVESTIGATION RELATED TO THE ALLEGATIONS OF PHYSICAL ABUSE,
48 NEGLECT OR MISTREATMENT, OR FAILURE TO REPORT SUCH ACTS. A PROSECUTOR
49 WHO OBTAINS SUCH RECORDS SHALL MAINTAIN THEM AS CONFIDENTIAL AND SHALL
50 NOT DISCLOSE THEM EXCEPT IN CONNECTION WITH GRAND JURY OR JUDICIAL
51 PROCEEDINGS.
52 S 4. Subdivision 16 of section 296 of the executive law, as amended by
53 chapter 639 of the laws of 2007, is amended to read as follows:
54 16. It shall be an unlawful discriminatory practice, unless specif-
55 ically required or permitted by statute, for any person, agency, bureau,
56 corporation or association, including the state and any political subdi-
A. 1802 3
1 vision thereof, to make any inquiry about, whether in any form of appli-
2 cation or otherwise, or to act upon adversely to the individual
3 involved, (A) any arrest or criminal accusation of such individual not
4 then pending against that individual which was followed by a termination
5 of that criminal action or proceeding in favor of such individual, as
6 defined in subdivision two of section 160.50 of the criminal procedure
7 law, or by a youthful offender adjudication, as defined in subdivision
8 one of section 720.35 of the criminal procedure law, or by a conviction
9 for a violation sealed pursuant to section 160.55 of the criminal proce-
10 dure law OR (B) ANY REPORT MADE UNDER SECTION TWENTY-EIGHT
11 HUNDRED-THREE-D OF THE PUBLIC HEALTH LAW WHERE A DETERMINATION HAS BEEN
12 MADE THAT THE ALLEGATION WOULD NOT BE SUSTAINED in connection with the
13 licensing, employment or providing of credit or insurance to such indi-
14 vidual; provided, however, that the provisions hereof shall not apply to
15 the licensing activities of governmental bodies in relation to the regu-
16 lation of guns, firearms and other deadly weapons or in relation to an
17 application for employment as a police officer or peace officer as those
18 terms are defined in subdivisions thirty-three and thirty-four of
19 section 1.20 of the criminal procedure law; provided further that the
20 provisions of this subdivision shall not apply to an application for
21 employment or membership in any law enforcement agency with respect to
22 any arrest or criminal accusation which was followed by a youthful
23 offender adjudication, as defined in subdivision one of section 720.35
24 of the criminal procedure law, or by a conviction for a violation sealed
25 pursuant to section 160.55 of the criminal procedure law.
26 S 5. This act shall take effect on the one hundred eightieth day after
27 it shall have become a law.
