Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 04, 2012 |
referred to health |
Apr 25, 2011 |
referred to health |
Senate Bill S4797
2011-2012 Legislative Session
Sponsored By
(D, IP) Senate District
Archive: Last Bill Status - In Senate Committee Health Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
2011-S4797 (ACTIVE) - Details
- Current Committee:
- Senate Health
- Law Section:
- Public Health Law
- Laws Affected:
- Amd §2803-d, Pub Health L
2011-S4797 (ACTIVE) - Sponsor Memo
BILL NUMBER:S4797 TITLE OF BILL: An act to amend the public health law, in relation to evidence of abuse and legally sealed reports PURPOSE OR GENERAL IDEA OF BILL: This bill gives the Department of Health access to legally sealed reports when investigating reports of alleged abuse in health care facilities, changes the requirement that reports be expunged to "legally sealed", and changes the standard of proof to determine whether an individual has committed neglect, mistreatment or abuse. SUMMARY OF SPECIFIC PROVISIONS: Section one amends section paragraph (a) of subdivision 6 of section 2803-d of the public health law to require that investigations of alleged abuse conducted by the Department include a review of all prior reports, including legally sealed reports, that involve the subject of the current report. If the commissioner determines, in writing, that credible evidence of alleged physical abuse, neglect, or mistreatment exists, the commissioner shall send a copy of such written determination and notice of the right to a hearing to the accused. In addition, if no credible evidence exists, a letter must be sent to such person to inform him or her of that determination.
2011-S4797 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 4797 2011-2012 Regular Sessions I N S E N A T E April 25, 2011 ___________ Introduced by Sen. VALESKY -- read twice and ordered printed, and when printed to be committed to the Committee on Health AN ACT to amend the public health law, in relation to evidence of abuse and legally sealed reports THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph (a) of subdivision 6 of section 2803-d of the public health law, as amended by chapter 340 of the laws of 1980, is amended to read as follows: (a) Upon receipt of a report made pursuant to this section, the commissioner shall cause an investigation to be made of the allegations contained in the report. Notification of the receipt of a report shall be made immediately by the department to the appropriate district attor- ney if a prior request in writing has been made to the department by the district attorney. THE INVESTIGATION MUST INCLUDE A REVIEW OF ALL PRIOR REPORTS, INCLUDING LEGALLY SEALED REPORTS, THAT INVOLVE THE SUBJECT OF THE CURRENT REPORT. Prior to the completion of the investigation by the department, every reasonable effort shall be made to notify, personally or by certified mail, any person under investigation for having commit- ted an act of physical abuse, mistreatment or neglect. The commissioner shall make a written determination, based on the findings of the inves- tigation, of whether or not [sufficient credible evidence exists to sustain the allegations contained in the report or would support] THERE IS SOME CREDIBLE EVIDENCE OF THE ALLEGED PHYSICAL ABUSE, NEGLECT, OR MISTREATMENT, OR EVIDENCE SUPPORTING a conclusion that a person not named in such report has committed an act of physical abuse, neglect or mistreatment. A copy of such written determination, together with a notice of the right to a hearing as provided in this subdivision, shall be sent by registered or certified mail to each person [who] AGAINST WHOM the commissioner has determined THERE IS SOME CREDIBLE EVIDENCE THAT SUCH PERSON has committed an act of physical abuse, neglect or EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10718-01-1
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