S5042-2011 Actions

• Jan 4, 2012: REFERRED TO HEALTH
• May 3, 2011: REFERRED TO HEALTH

S5042-2011 Memo

BILL NUMBER:S5042

TITLE OF BILL:
An act
to amend the social services law, in relation to death and felony crime
reports in certain adult care facilities

PURPOSE OR GENERAL IDEA OF BILL: This bill
streamlines death reporting requirements, resulting in greater
efficiencies for operators and the Department of Health (DOH). It also
provides greater clarity regarding what crimes should be reported to the
appropriate authorities, so operators are not left trying to determine
if something meets the definition of a felony.

SUMMARY OF SPECIFIC PROVISIONS: This bill would
streamline the reporting requirements for certain adult care facility
(ACF) providers, by requiring that attempted suicides and deaths
occurring due to reasons other than the natural course of illness or
disease must be reported. The bill also clarifies that the reporting
should occur on the next business day of learning of the incident,
rather than twenty-four hours from the time the incident occurred.

The bill also modifies the requirement that certain ACFs report felonies
believed to have been committed. This language is replacing with
specific crimes that should be reported to the appropriate authorities,
within forty eight hours, to give operators greater clarity about what
should be reported.

Lastly, it updates the reference to the state Commission on Quality of
Care for the Mentally Disabled to the Commission on Quality Care and
Advocacy for Persons with Disabilities. This change is technical in
nature.

JUSTIFICATION: The requirement for all deaths that
occur in certain ACFs is cumbersome and unnecessary for ACFs and DOH
alike. Much has changed since the requirement was originally
implemented, and DOH provides much greater oversight of facilities.
During this time of increased budget pressure and decreased resources,
mandates such as these need to be amended. For those facilities that
serve the frail elderly, deaths are dignified and expectable and should
not be treated as an "incident;" nor should DOH have to dedicate
resources into investigating natural deaths. The parameters under which
deaths must be reported, thus, has been narrowed to incorporate only
those that occurred for reasons other than the natural course of illness
or disease.

The timeframe for the reporting requirement is also changed, to take
place on the next business day, as there is no one in the state agency
offices to receive such a report on the weekend or holidays. The
operator must report the death on next the business day after having
learned of it, as residents may expire while hospitalized, in
rehabilitation, etc., and the ACF is not always immediately notified.

Lastly, the language requiring operators to report to the appropriate
authorities when a felony crime may have been committed against a
resident has been amended. The change is meant to give greater guidance
to operators regarding what should be reported. Those who work outside


of the criminal justice system are unfamiliar with what specifically
constitutes a felony, resulting in confusion about what their reporting
responsibility actually is. The replacement language borrows from the
nursing home reporting requirements, and gives the operator specific
guidance.

PRIOR LEGISLATIVE HISTORY: None, this is a new bill.

FISCAL IMPLICATIONS: This bill would result in
greater efficiencies for DOH regional offices, which may not translate
to direct dollars but would enable them to dedicate resources in ways
that have a greater impact on resident protections.

EFFECTIVE DATE: One Hundred and Twenty days after it
shall have become a law.

S5042-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         5042
 2011-2012 Regular Sessions
 I N  SENATE
 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:

 

Section  1. 

Section  461-m  of the social services law, as amended by
 chapter 462 of the laws of 1996, is amended to read as follows:

 

S 461-m. Death and [felony] crime reporting.  The operator of an adult
 home or residence for adults shall have an affirmative  duty  to  report
 any  [death, or] attempted suicide of a resident, OR ANY DEATH OCCURRING
 FOR REASONS OTHER THAN THE NATURAL COURSE OF ILLNESS OR DISEASE, to  the
 department [within twenty-four hours] ON THE NEXT BUSINESS DAY OF LEARN
 ING of its occurrence, and shall also have an affirmative duty to report
 to  an appropriate law enforcement authority WITHIN FORTY-EIGHT HOURS if
 [it] THERE is [believed that] a [felony crime may  have  been  committed
 against a resident of such facility as soon as possible, or in any event
 within  forty-eight  hours]  COMPLAINT  OR EVIDENCE OF RESIDENT ABUSE, A
 RESIDENT ASSAULTS OR INJURES, OR IS  ASSAULTED  OR  INJURED  BY  ANOTHER
 RESIDENT,  STAFF  OR  OTHERS,  OR THERE IS A REASONABLE CAUSE TO BELIEVE
 THAT A RESIDENT'S PERSONAL PROPERTY VALUED  AT  MORE  THAN  TWO  HUNDRED
 FIFTY DOLLARS HAS BEEN MISAPPROPRIATED. THE OPERATOR OR THE RESIDENT MAY
 ELECT TO MAKE SUCH NOTIFICATION WHEN THE RESIDENT'S PERSONAL PROPERTY IS
 VALUED  AT  LESS  THAN THAT AMOUNT. In addition, the operator shall send
 any reports involving a resident who had at any time  received  services
 from a mental hygiene service provider to the state commission on quali
 ty  of  care AND ADVOCACY for [the mentally disabled] PERSONS WITH DISA
 BILITIES.
 

S 2. This act shall take effect on the one hundred twentieth day after
 it shall have become a law. Effective immediately, the addition,  amend
 ment and/or repeal of any rule or regulation necessary for the implemen
 tation  of this act on its effective date is authorized to be made on or
 before such date.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD11244-01-1

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