NY State Senate Bill 2017-S787A

Senate Bill S787A

Signed By Governor

2017-2018 Legislative Session

Relates to death and felony crime reports in certain adult care facilities

download bill text pdf

Archive: Last Bill Status Via A2702 - Signed by Governor

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

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Dec 18, 2017	approval memo.35 signed chap.459
Dec 06, 2017	delivered to governor
Jun 19, 2017	returned to assembly passed senate
Jun 15, 2017	3rd reading cal.1687 substituted for s787a
Jun 15, 2017	substituted by a2702
Jun 14, 2017	ordered to third reading cal.1687 committee discharged and committed to rules
Feb 10, 2017	print number 787a
Feb 10, 2017	amend and recommit to health
Jan 04, 2017	referred to health

Votes

- Jun 19, 2017 - Floor Vote
  A2702
  
  62
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 19, 2017
      
      aye (62)
      
      Addabbo Jr.
      
      Akshar
      
      Alcantara
      
      Amedore
      
      Avella
      
      Bailey
      
      Benjamin
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Helming
      
      Hoylman-Sigal
      
      Jacobs
      
      Kaminsky
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Little
      
      Marcellino
      
      Marchione
      
      Montgomery
      
      Murphy
      
      O'Mara
      
      Ortt
      
      Parker
      
      Peralta
      
      Persaud
      
      Phillips
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Seward
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Valesky
      
      Young
      
      excused (1)
      
      Serrano
  Jun 14, 2017 - Rules Committee Vote
  S787A
  
  22
  
  Aye
  
  0
  
  Nay
  
  2
  
  Aye with Reservations
  
  1
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 14, 2017
      
      aye (22)
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Dilan
      
      Flanagan
      
      Gianaris
      
      Hannon
      
      Kennedy
      
      Krueger
      
      LaValle
      
      Larkin
      
      Little
      
      Montgomery
      
      Parker
      
      Ranzenhofer
      
      Robach
      
      Savino
      
      Seward
      
      Squadron
      
      Stewart-Cousins
      
      Valesky
      
      aye wr (2)
      
      Griffo
      
      Lanza
      
      absent (1)
      
      Marcellino

Bill Amendments

Original

A (Active)

2017-S787 - Details

See Assembly Version of this Bill:: A2702
Law Section:: Social Services Law
Laws Affected:: Amd §461-m, Soc Serv L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A9554
2011-2012: A565
2013-2014: S7607, A5147
2015-2016: S301, A3829

2017-S787 - Summary

Relates to death and felony crime reports in certain adult care facilities.

2017-S787 - Sponsor Memo

                                 BILL NUMBER:  S787

 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
2013-14 Referred to Health,
2015-16 Referred to Health

 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.

2017-S787 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    787
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              January 4, 2017
                                ___________
 
 Introduced by Sen. ALCANTARA -- 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:
   § 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.
   § 2. This act shall take effect on the sixtieth  day  after  it  shall
 have  become  a  law; provided, however, that effective immediately, the
 addition, amendment and/or repeal of any rule  or  regulation  necessary
 for  the implementation of this act on its effective date are authorized
 and directed to be made and completed on or before such effective date.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD00018-01-7

2017-S787A (ACTIVE) - Details

See Assembly Version of this Bill:: A2702
Law Section:: Social Services Law
Laws Affected:: Amd §461-m, Soc Serv L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A9554
2011-2012: A565
2013-2014: S7607, A5147
2015-2016: S301, A3829

2017-S787A (ACTIVE) - Summary

Relates to death and felony crime reports in certain adult care facilities.

2017-S787A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S787A

 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: A9554 - passed Assembly
2011-2012: A565 reported to Ways and Means committee
2013-14 Referred to Health
2015-16 Referred to Health

 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.

2017-S787A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  787--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              January 4, 2017
                                ___________
 
 Introduced by Sen. ALCANTARA -- read twice and ordered printed, and when
   printed  to  be  committed  to  the  Committee  on Health -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 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:
   §  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.
   §  2.  This  act  shall take effect on the sixtieth day after it shall
 have become a law; provided however, that the commissioner of health may
 adopt, amend, suspend or repeal any regulations or  take  other  actions
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD00018-03-7

 S. 787--A                           2
 
 necessary  to  enforce  or implement the law prior to and in preparation
 for the taking effect  of  the  law;  and  provided  further  that  such
 adoption,  amendment, suspension or repeal of regulations shall not have
 legal effect until the law takes effect.

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