A8972A - NY Senate Open Legislation - Relates to reporting of suspected abuse of adults in certain residential care facilities licensed or operated by the state

Committee: RULES
Law Section: Mental Hygiene Law

A8972A Summary

Relates to reporting of suspected abuse of adults in certain residential care facilities licensed or operated by the state; creates a hotline for reporting of suspected abuse.

A8972A Actions

A8972A - tabled - Aug 13, 2009
A8972A - vetoed memo.44 - Aug 11, 2009
A8972A - delivered to governor - Jul 31, 2009
A8972A - 3RD READING CAL.895 - Jul 16, 2009
A8972A - PASSED SENATE - Jul 16, 2009
A8972A - RETURNED TO ASSEMBLY - Jul 16, 2009
A8972A - REFERRED TO RULES - Jun 22, 2009
A8972A - delivered to senate - Jun 22, 2009
A8972A - ordered to third reading rules cal.621 - Jun 22, 2009
A8972A - passed assembly - Jun 22, 2009
A8972A - reported - Jun 22, 2009
A8972A - reported referred to rules - Jun 22, 2009
A8972A - reported referred to ways and means - Jun 22, 2009
A8972A - rules report cal.621 - Jun 22, 2009
A8972A - amend and recommit to codes - Jun 19, 2009
A8972A - print number 8972a - Jun 19, 2009
A8972 - reported referred to codes - Jun 18, 2009
A8972A - amend and recommit to codes - Jun 18, 2009
A8972A - print number 8972a - Jun 18, 2009
A8972 - referred to mental health - Jun 17, 2009

A8972A Votes

Vote: Floor - Jul 16, 2009

Ayes (57): ADAMS, ADDABBO, ALESI, AUBERTINE, BONACIC, BRESLIN, DEFRANCISCO, DILAN, DUANE, ESPADA, FARLEY, FLANAGAN, FUSCHILLO, GOLDEN, GRIFFO, HANNON, HASSELL-THOMPSON, HUNTLEY, JOHNSON C, KLEIN, KRUEGER, LANZA, LARKIN, LAVALLE, LEIBELL, LIBOUS, LITTLE, MARCELLINO, MAZIARZ, MCDONALD, MONSERRATE, MONTGOMERY, MORAHAN, NOZZOLIO, ONORATO, OPPENHEIMER, PADAVAN, PARKER, PERKINS, RANZENHOFER, ROBACH, SALAND, SAMPSON, SAVINO, SCHNEIDERMAN, SERRANO, SEWARD, SKELOS, SMITH, STACHOWSKI, STAVISKY, STEWART-COUSINS, THOMPSON, VALESKY, VOLKER, WINNER, YOUNG
Excused (5): DIAZ, FOLEY, JOHNSON O, KRUGER, SQUADRON

Same As: S5930A Votes

Vote: Committee - Jul 15, 2009

Ayes (23): SMITH, ESPADA, STACHOWSKI, MONTGOMERY, DUANE, HASSELL-THOMPSON, KRUEGER, PARKER, SERRANO, STEWART-COUSINS, DILAN, KLEIN, VALESKY, MONSERRATE, SKELOS, PADAVAN, VOLKER, FARLEY, LAVALLE, SEWARD, HANNON, LARKIN, SALAND
Excused (1): JOHNSON O

A8972A Memo

BILL NUMBER:A8972A

TITLE OF BILL: An act to amend the mental hygiene law, in relation to required reporting of suspected abuse of adults in certain residential care facilities licensed or operated by the state

PURPOSE OR GENERAL IDEA OF BILL: Relates to required reporting of suspected abuse of adults in certain residential care facilities licensed or operated by the state.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of the bill amends mental hygiene law by adding two new sections 16.30 and 31.32 entitled "Abuse Hotline" to create two statewide hotlines for adult abuse and maltreat ment for adults residing in the Office of Mental Health (OMH) and the Office of Mental Retardation and Developmental Disabilities (OMRDD) facilities. The bill requires OMH and OMRDD to administer its own respective hotline and investigate abuse and maltreatment pursuant to current statute. The bill also provides civil and criminal immunity to anyone who acts reasonably and in good faith in making a report of an allegation of abuse or neglect.

Section 2 of the bill provides for the effective date.

JUSTIFICATION: New York State has had a child abuse hotline system in place for many years for children under the age of 18. However, no such hotline exists for adults with developmental disabilities and other disabilities who reside in or receive services from facilities licensed by the State. This bill would create two toll-free hotlines that are modeled after the existing child abuse hotline. Some of our State's mentally disabled adults have cognitive functioning that is less than a non-disabled child. This makes them vulnerable to abuse in situations where they are unable to speak for themselves or to successfully relate an incident. The creation of the hotlines will ensure the reporting of abuse and suspected abuse of these vulnerable individuals, who are adults by law, but lack many of the adult skills necessary to advocate for themselves in an abusive situation.

PRIOR LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: To be determined.

EFFECTIVE DATE: This act shall take effect on the ninetieth day after it shall have become law.

A8972A Text

S T A T E O F N E W Y O R K
8972--A
2009-2010 Regular Sessions I N ASSEMBLY June 17, 2009
Introduced by M. of A. WEISENBERG, P. RIVERA -- Multi-Sponsored by -- M. of A. PHEFFER -- read once and referred to the Committee on Mental Health, Mental Retardation and Developmental Disabilities -- reported and referred to the Committee on Codes -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said commit tee
AN ACT to amend the mental hygiene law, in relation to required report ing of suspected abuse of adults in certain residential care facili ties licensed or operated by the state

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM BLY, DO ENACT AS FOLLOWS:

Section 1. The mental hygiene law is amended by adding two new sections 16.30 and 31.32 to read as follows:

S 16.30 ABUSE HOTLINE. (A) THE COMMISSIONER SHALL BE CAPABLE OF RECEIVING TELEPHONE CALLS ALLEGING PHYSICAL, SEXUAL, OR EMOTIONAL ABUSE, OR ACTIVE, PASSIVE OR SELF NEGLECT OF ADULTS IN FACILITIES LICENSED PURSUANT TO THIS ARTICLE. TO EFFECTUATE THIS PURPOSE THERE SHALL BE A SINGLE STATEWIDE TELEPHONE NUMBER THAT ANY PERSON MAY USE TO REPORT SUCH ALLEGATIONS. (B) ALLEGATIONS MADE PURSUANT TO SUBDIVISION (A) OF THIS SECTION SHALL BE IMMEDIATELY TRANSMITTED ORALLY OR ELECTRONICALLY TO THE COMMISSIONER. UPON RECEIVING SUCH ALLEGATIONS, THE COMMISSIONER SHALL ADDRESS THE MATTER PURSUANT TO PARAGRAPH ONE OF SUBDIVISION (D) OF SECTION 16.19 OF THIS ARTICLE. THE INABILITY OF THE PERSON REPORTING THE ABUSE TO IDENTI FY THE ALLEGED PERPETRATOR SHALL, IN NO CIRCUMSTANCE, CONSTITUTE THE SOLE CAUSE TO REJECT SUCH ALLEGATION OR FAIL TO TRANSMIT SUCH ALLEGATION FOR INVESTIGATION. (C) ANY PERSON WHO ACTS REASONABLY AND IN GOOD FAITH IN MAKING A REPORT PURSUANT TO THIS SECTION SHALL HAVE IMMUNITY FROM ANY LIABILITY, CIVIL OR CRIMINAL, FOR HAVING MADE SUCH A REPORT.

S 31.32 ABUSE HOTLINE. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD14053-04-9
A. 8972--A 2 (A) THE COMMISSIONER SHALL BE CAPABLE OF RECEIVING TELEPHONE CALLS ALLEGING PHYSICAL, SEXUAL, OR EMOTIONAL ABUSE, OR ACTIVE, PASSIVE, OR SELF NEGLECT OF ADULTS IN FACILITIES LICENSED PURSUANT TO THIS ARTICLE. TO EFFECTUATE THIS PURPOSE THERE SHALL BE A SINGLE STATEWIDE TELEPHONE NUMBER THAT ANY PERSON MAY USE TO REPORT SUCH ALLEGATIONS. (B) ALLEGATIONS MADE PURSUANT TO SUBDIVISION (A) OF THIS SECTION SHALL BE IMMEDIATELY TRANSMITTED ORALLY OR ELECTRONICALLY TO THE COMMISSIONER. UPON RECEIVING SUCH ALLEGATIONS, THE COMMISSIONER SHALL CAUSE THE MATTER TO BE ADDRESSED PURSUANT TO SECTIONS 7.21 AND 31.11 OF THIS CHAPTER. THE INABILITY OF THE PERSON REPORTING THE ABUSE TO IDENTIFY THE ALLEGED PERPETRATOR SHALL, IN NO CIRCUMSTANCE, CONSTITUTE THE SOLE CAUSE TO REJECT SUCH ALLEGATION OR FAIL TO TRANSMIT SUCH ALLEGATION FOR INVESTI GATION. (C) ANY PERSON WHO ACTS REASONABLY AND IN GOOD FAITH IN MAKING A REPORT PURSUANT TO THIS SECTION SHALL HAVE IMMUNITY FROM ANY LIABILITY, CIVIL OR CRIMINAL, FOR HAVING MADE SUCH A REPORT.

S 2. This act shall take effect on the ninetieth day after it shall have become a law.

A8972A: Relates to reporting of suspected abuse of adults in certain residential care facilities licensed or operated by the state