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:
1 Section 1. Section 461-m of the social services law, as amended by
2 section 14 of part D of chapter 501 of the laws of 2012, is amended to
3 read as follows:
4 § 461-m. Death and felony crime reporting. The operator of an adult
5 home, enriched housing program or residence for adults shall have an
6 affirmative duty to report any death, or attempted suicide of a resident
7 to the department of health within twenty-four hours of its occurrence,
8 and shall also have an affirmative duty to report to an appropriate law
9 enforcement authority if [it is believed that] the operator discovers an
10 incident that the operator believes or reasonably should believe would
11 constitute a felony crime [may have been committed] against a resident
12 of such facility as soon as possible, or in any event within [forty-
13 eight] twenty-four hours. In addition, [the] any operator of a facility
14 defined in section four hundred eighty-eight of this chapter that is
15 subject to this section, shall, in addition, send any reports involving
16 a resident who had at any time received services from a mental hygiene
17 service provider to the justice center for the protection of people with
18 special needs within twenty-four hours of the occurrence of the death or
19 attempted suicide or of the discovery of an incident that the operator
20 believed or reasonably should have believed to be a felony crime.
21 § 2. This act shall take effect on the sixtieth day after it shall
22 have become a law; provided however, that if section 14 of part D of
23 chapter 501 of the laws of 2012 shall not have taken effect on or before
24 such date then this act shall take effect on the same date and in the
25 same manner as section 14 of part D of chapter 501 of the laws of 2012
26 takes effect; and provided further that the commissioner of health may
27 adopt, amend, suspend or repeal any regulations or take other actions
28 necessary to enforce or implement the law prior to and in preparation
29 for the taking effect of the law; provided, however, such adoption,
30 amendment, suspension or repeal of regulations shall not have legal
31 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
