Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Mar 03, 2017 |
referred to health |
Senate Bill S4878
2017-2018 Legislative Session
Sponsored By
(D) 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
2017-S4878 (ACTIVE) - Details
- Current Committee:
- Senate Health
- Law Section:
- Public Health Law
- Laws Affected:
- Amd §2803-d, rpld & add §2803-d sub 6 ¶(e), Pub Health L; amd §296, Exec L
- Versions Introduced in Other Legislative Sessions:
-
2009-2010:
S2209
2011-2012: S60
2013-2014: S558
2015-2016: S131
2017-S4878 (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.
2017-S4878 (ACTIVE) - Sponsor Memo
BILL NUMBER: S4878 TITLE OF BILL : 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 confidentiality of information relating to such abuses PURPOSE OR GENERAL IDEA OF BILL : This bill will facilitate prosecution of individuals who abuse or neglect patients in health care facilities receiving Medicaid funds. SUMMARY OF SPECIFIC PROVISIONS : Section 1. Amends Public Health Law § 2803-d(6)(c) to extend from 120 days to 5 years, the period prior to expungement of records of the Department of Health ("DOH") related to reports of abuse in residential care facilities that are determined to be unsubstantiated. Section 2. Repeals Public Health Law § 2803-d(6)(e) and adds a new § 2803-d(6)(e) to require sealing of DOH records relating to abuse allegations 120 days after notification of the finding that the allegation is unfounded. Unsealing is permitted upon the request of law enforcement or prosecutorial officials where necessary to conduct an investigation or prosecution related to abuse, mistreatment,
2017-S4878 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 4878 2017-2018 Regular Sessions I N S E N A T E March 3, 2017 ___________ Introduced by Sen. DIAZ -- read twice and ordered printed, and when printed to be committed to the Committee on Health 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. § 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 PERSON WHO MADE THE REPORT. SUCH REPORTS MAY BE UNSEALED AND MADE AVAIL- ABLE ONLY TO (A) THE SUBJECT OF THE REPORT; OR (B) A DISTRICT ATTORNEY, AN ASSISTANT DISTRICT ATTORNEY, THE ATTORNEY GENERAL, AN ASSISTANT ATTORNEY GENERAL, AN INVESTIGATOR EMPLOYED IN THE OFFICE OF A DISTRICT EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
Comments
Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.
Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.
Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.