S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 3542--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 28, 2013
                               ___________

Introduced  by  M.  of  A. WEISENBERG, GUNTHER, SCHIMEL, SWEENEY, TITUS,
  McKEVITT, BARRON, JAFFEE, GIBSON, COLTON, ROBERTS  --  Multi-Sponsored
  by  --  M.  of A.   BOYLAND, BRENNAN, CROUCH, DUPREY, GOTTFRIED, GRAF,
  McDONOUGH, RA, ROBINSON -- read once and referred to the Committee  on
  Mental Health -- committee discharged, bill amended, ordered reprinted
  as amended and recommitted to said committee

AN ACT to amend the mental hygiene law, in relation to duties of provid-
  ers of services for the developmentally disabled

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

  Section 1. Subdivision 2 of section 31.11 of the mental  hygiene  law,
as  amended  by  chapter  558 of the laws of 2011, is amended to read as
follows:
  2. (A) making such reports  as  are  necessary  to  provide  IMMEDIATE
REPORTING AND notification to 911 BY THE MANDATED REPORTER, the district
attorney  or  other appropriate law enforcement official and the commis-
sioner or his or her authorized representative as soon as possible,  [or
in  any event within three working days,] if it appears that a crime may
have been committed against  a  patient  receiving  services  from  such
provider, unless it appears that the crime includes an employee, intern,
volunteer,  consultant,  contractor,  or visitor and the alleged conduct
caused physical injury or the patient was subject to unauthorized sexual
contact, or if it appears the crime is endangering  the  welfare  of  an
incompetent  or physically disabled person pursuant to section 260.25 of
the penal law, or if the crime was any felony  under  state  or  federal
law,  then  the  district  attorney or other appropriate law enforcement
official must be contacted immediately[, and in any event no later  than
twenty-four hours and such] . SUCH other reports, uniform and otherwise,
as  are  required by the commissioner or his or her authorized represen-
tative with respect to its operations. If there is reasonable  cause  to
believe that the crime against the client may have occurred in a facili-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07649-04-3
              

A. 3542--A                          2

ty  or program of any other service provider licensed, certified, funded
or operated by a state agency,  the  administrator  or  chief  executive
officer  of  such other service provider shall also be notified AND ALSO
HAS THE RESPONSIBILITY TO ENSURE THAT 911 WAS NOTIFIED as soon as possi-
ble[,  or  in  any  event  within three working days]. Provided however,
nothing herein shall require such report to an  administrator  or  chief
executive  officer  of  a  provider who is alleged to have committed the
crime. [The commissioner may execute a memorandum of understanding  with
the  commissioners  of  other  appropriate  state agencies to ensure the
coordination and cooperation of such agencies and providers of  services
with regard to the conduct of any investigation and prevention of unnec-
essary  duplicative  investigations  resulting  from  the  report  of an
alleged crime that may have occurred in a facility or program of another
service provider.] Information  obtained  by  the  commissioner  or  the
commission on quality of care for the mentally disabled from the records
of  patients receiving services shall be kept confidential in accordance
with the provisions of this chapter.
  (B) ANY AND ALL STATE OR PRIVATE DIRECT CARE EMPLOYEES  OR  ANY  OTHER
OFFICIAL,  EMPLOYEE OR VOLUNTEER WITHIN ANY FACILITY OPERATED BY, CERTI-
FIED, LICENSED, FUNDED OR OTHERWISE AUTHORIZED BY  THE  DEPARTMENT  THAT
WITNESSES  AND  REPORTS  ANY ALLEGATION OF ABUSE, NEGLECT, MALTREATMENT,
UNAUTHORIZED USE OF RESTRAINTS OR SECLUSION,  OR  ANY  OTHER  SUSPICIOUS
ACTS,  OR PREMATURE DEATHS PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION
SHALL BE PROTECTED FROM ANY AND ALL RETRIBUTION,  SUSPENSION  OR  TERMI-
NATION  BY  THE  FACILITY, ITS EMPLOYEES OR THE DEPARTMENT FOR REPORTING
SUCH. ANY PERSON THAT TREATS  A  WHISTLEBLOWER  WRONGFULLY,  SUSPENDS  A
WHISTLEBLOWER  OR  FIRES A WHISTLEBLOWER FOR HIS OR HER ACTIONS SHALL BE
SUBJECT TO TERMINATION AND SHALL NOT BE ENTITLED TO ABSOLUTE  OR  QUALI-
FIED IMMUNITY IN A CAUSE OF ACTION FOR CIVIL LIABILITY.
  S 2. This act shall take effect immediately.