Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 06, 2012 |
enacting clause stricken |
Jan 04, 2012 |
referred to aging |
Jan 05, 2011 |
referred to aging |
Assembly Bill A38
2011-2012 Legislative Session
Sponsored By
DINOWITZ
Archive: Last Bill Status - Stricken
- 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
co-Sponsors
Steven Englebright
Joan Millman
Sam Hoyt
Sandy Galef
multi-Sponsors
Carmen E. Arroyo
RoAnn Destito
Gary Finch
Earlene Hooper
2011-A38 (ACTIVE) - Details
2011-A38 (ACTIVE) - Summary
Provides for the expungement of unsustained allegations of abuse of persons receiving care and services in residential health care facilities and the sealing of records where the commissioner of health has determined such allegations of abuse would not be sustained; provides exceptions to such provisions.
2011-A38 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 38 2011-2012 Regular Sessions I N A S S E M B L Y (PREFILED) January 5, 2011 ___________ Introduced by M. of A. DINOWITZ, ENGLEBRIGHT, MILLMAN, HOYT, GALEF, GOTTFRIED, HEASTIE, MARKEY, PHEFFER, REILLY -- Multi-Sponsored by -- M. of A. ARROYO, DESTITO, FINCH, HOOPER, McENENY, J. RIVERA, P. RIVERA, SWEENEY, WRIGHT, ZEBROWSKI -- read once and referred to the Committee on Aging AN ACT to amend the public health law and the executive law, in relation to reporting of abuses of persons receiving care in residential health care facilities; and to repeal paragraph (e) of subdivision 6 of section 2803-d of the public health law relating to the confidentiali- ty of information relating to such abuses THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph (c) of subdivision 6 of section 2803-d of the public health law, as amended by chapter 414 of the laws of 1986, is amended to read as follows: (c) All information relating to any allegation which the commissioner has determined would not be sustained shall be expunged [one hundred twenty days] FIVE YEARS following notification of such determination to the person who made the report pursuant to this section, unless a proceeding pertaining to such allegation is pending pursuant to article seventy-eight of the civil practice law and rules. Whenever information is expunged, the commissioner shall notify any official notified pursu- ant to paragraph (a) of this subdivision that the information has been expunged. S 2. Paragraph (e) of subdivision 6 of section 2803-d of the public health law is REPEALED and a new paragraph (e) is added to read as follows: (E) (I) ALL INFORMATION RELATING TO ANY ALLEGATION THAT THE COMMIS- SIONER HAS DETERMINED WOULD NOT BE SUSTAINED, SHALL BE SEALED ONE HUNDRED TWENTY DAYS FOLLOWING NOTIFICATION OF SUCH DETERMINATION TO THE EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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