Bill Text: NY S05042 | 2011-2012 | General Assembly | Introduced

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Bill Title: Relates to death and felony crime reports in certain adult care facilities.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2012-01-04 - REFERRED TO HEALTH [S05042 Detail]

Download: New_York-2011-S05042-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5042
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                      May 3, 2011
                                      ___________
       Introduced  by  Sen.  HANNON -- read twice and ordered printed, and when
         printed to be committed 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  chapter 462 of the laws of 1996, is amended to read as follows:
    3    S 461-m. Death and [felony] crime reporting.  The operator of an adult
    4  home or residence for adults shall have an affirmative  duty  to  report
    5  any  [death, or] attempted suicide of a resident, OR ANY DEATH OCCURRING
    6  FOR REASONS OTHER THAN THE NATURAL COURSE OF ILLNESS OR DISEASE, to  the
    7  department [within twenty-four hours] ON THE NEXT BUSINESS DAY OF LEARN-
    8  ING of its occurrence, and shall also have an affirmative duty to report
    9  to  an appropriate law enforcement authority WITHIN FORTY-EIGHT HOURS if
   10  [it] THERE is [believed that] a [felony crime may  have  been  committed
   11  against a resident of such facility as soon as possible, or in any event
   12  within  forty-eight  hours]  COMPLAINT  OR EVIDENCE OF RESIDENT ABUSE, A
   13  RESIDENT ASSAULTS OR INJURES, OR IS  ASSAULTED  OR  INJURED  BY  ANOTHER
   14  RESIDENT,  STAFF  OR  OTHERS,  OR THERE IS A REASONABLE CAUSE TO BELIEVE
   15  THAT A RESIDENT'S PERSONAL PROPERTY VALUED  AT  MORE  THAN  TWO  HUNDRED
   16  FIFTY DOLLARS HAS BEEN MISAPPROPRIATED. THE OPERATOR OR THE RESIDENT MAY
   17  ELECT TO MAKE SUCH NOTIFICATION WHEN THE RESIDENT'S PERSONAL PROPERTY IS
   18  VALUED  AT  LESS  THAN THAT AMOUNT. In addition, the operator shall send
   19  any reports involving a resident who had at any time  received  services
   20  from a mental hygiene service provider to the state commission on quali-
   21  ty  of  care AND ADVOCACY for [the mentally disabled] PERSONS WITH DISA-
   22  BILITIES.
   23    S 2. This act shall take effect on the one hundred twentieth day after
   24  it shall have become a law. Effective immediately, the addition,  amend-
   25  ment and/or repeal of any rule or regulation necessary for the implemen-
   26  tation  of this act on its effective date is authorized to be made on or
   27  before such date.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11244-01-1