Relates to death and felony crime reports in certain adult care facilities.
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 will improve the health, safety and quality of life of New York residents living in adult care facilities,
SUMMARY OF SPECIFIC PROVISIONS: The bill amends SSL § 461-m to include enriched housing programs among the adult care facilities that must:
(1) report any death or attempted suicide of a resident to D01-1 within 24 hours; (2) report felonies believed to have been committed against residents to appropriate law enforcement authorities; and (3) report deaths, attempted suicides and felonies involving residents who at any time received mental hygiene services to the Justice Center for the Protection of People with Special Needs. The bill also amends the time for reporting of felonies to law enforcement, so that a report is made as soon as possible but in any event within 24 hours of when it is believed that a felony was perpetrated against a resident.
JUSTIFICATION: Adult homes, enriched housing programs and residences for adults - collectively referred to as adult care facilities - are important models of care that serve as the homes of thousands of New York State residents. This bill improves current reporting requirements related to resident deaths or attempted suicides and felonies committed against residents. The bill makes these requirements, already applicable to adult homes and residences for adults, applicable to enriched housing programs as well, and requires that felonies be reported within 24 hours rather than 48 hours as set forth in existing law. In addition, although reports of deaths, suicides and felonies involving residents who receive or have received mental hygiene services must be reported to CQCAPD under current law, there is no deadline for doing so. The bill requires such reporting to take place within 24 hours of an applicable event.
PRIOR LEGISLATIVE HISTORY: 2009-2010: A.9554 - passed Assembly. 2011-2012: A565 reported to Ways and Means committee
FISCAL IMPLICATIONS: This bill is not expected to have a fiscal impact on the State.
EFFECTIVE DATE: Sixty days after it shall have become a law.
STATE OF NEW YORK ________________________________________________________________________ 7607 IN SENATE May 15, 2014 ___________Introduced by Sen. ESPAILLAT -- 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 section 14 of part D of chapter 501 of the laws of 2012, is amended to read as follows: S 461-m. Death and felony crime reporting. The operator of an adult home, ENRICHED HOUSING PROGRAM or residence for adults shall have an affirmative duty to report any death, or attempted suicide of a resident to the department OF HEALTH within twenty-four hours of its occurrence, and shall also have an affirmative duty to report to an appropriate law enforcement authority if
[it is believed that]THE OPERATOR DISCOVERS AN INCIDENT THAT THE OPERATOR BELIEVES OR REASONABLY SHOULD BELIEVE WOULD CONSTITUTE a felony crime [may have been committed]against a resident of such facility as soon as possible, or in any event within [forty- eight]TWENTY-FOUR hours. In addition, [the]ANY operator OF A FACILITY DEFINED IN SECTION FOUR HUNDRED EIGHTY-EIGHT OF THIS CHAPTER THAT IS SUBJECT TO THIS SECTION, shall, IN ADDITION, send any reports involving a resident who had at any time received services from a mental hygiene service provider to the justice center for the protection of people with special needs WITHIN TWENTY-FOUR HOURS OF THE OCCURRENCE OF THE DEATH OR ATTEMPTED SUICIDE OR OF THE DISCOVERY OF AN INCIDENT THAT THE OPERATOR BELIEVED OR REASONABLY SHOULD HAVE BELIEVED TO BE A FELONY CRIME. S 2. This act shall take effect on the sixtieth day after it shall have become a law; provided however, that if section 14 of part D of chapter 501 of the laws of 2012 shall not have taken effect on or before such date then this act shall take effect on the same date and in the same manner as section 14 of part D of chapter 501 of the laws of 2012 takes effect; and provided further that the commissioner of health may adopt, amend, suspend or repeal any regulations or take other actions necessary to enforce or implement the law prior to and in preparation for the taking effect of the law; provided, however, such adoption, amendment, suspension or repeal of regulations shall not have legal effect until the law takes effect.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03621-03-4