NY State Senate Bill 2023-S5912

Current 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

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to health
Mar 22, 2023	referred to health

2023-S5912 (ACTIVE) - Details

See Assembly Version of this Bill:: A5319
Current Committee:: Senate Health
Law Section:: Social Services Law
Laws Affected:: Add §459-i, Soc Serv L

2023-S5912 (ACTIVE) - Summary

Enacts the "Jamie Rose care provider act"; requires health care facilities have policies for suspected victims of domestic abuse.

2023-S5912 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S5912

SPONSOR: STEC
 
TITLE OF BILL:

An act to amend the social services law, in relation to enacting the
"Jamie Rose care provider act"

 
PURPOSE:

Enacts the "Jamie Rose care provider act" to require health care facili-
ties and health care practitioners to have procedures regarding
suspected domestic violence.

 
SUMMARY OF PROVISIONS:

Section 1 defines the act as the Jamie Rose care provider act.

Section 2 amends social services law by adding a new section on
suspected domestic abuse and health care facilities. Section 2a provides
a definition of health care facility as defined in public health law
that does not include hospitals. Section 2b defines a health care prac-

titioner as someone who is licensed under specific sections of the
public health law. Subsection 2 requires health care facilities to
develop, maintain, and disseminate written policies and procedures for
the identification, assessment, treatment, and referral of confirmed or
suspected domestic violence cases as well as establish an ongoing train-
ing program for all nursing, medical, social work and other clinical
personnel, and security personnel regarding these policies. This
subsection additionally requires a health care facility to designate a
staff member to contact domestic violence or victim assistance organiza-
tion identified by the Commissioner of Health as providing these
services in the geographic area.

Subsection 3 requires health care facilities to advise suspect domestic
violence survivors of the services available in their region and must
provide a domestic violence or victim assistance advocate if asked.
Subsection 4 requires the Commissioner of Health to meet with the Office
of the Prevention of Domestic Violence and whoever is deemed necessary
to create a model policy to effectively carry out these requirements.
The Commissioner of Health is also required to come up with a list of
agencies in each health care facility's geographic area and provide this
list with the model policy.

Section 3 provides the enacting clause, which will take effect one year
after it shall become law.

 
JUSTIFICATION:

Jamie Rose, a young woman from Tupper Lake, and her estranged partner
with a history of domestic violence were at the doctor's office.  While
at the doctor's office, Jamie's estranged partner made audible verbal
threats, heard by staff of the doctor's office, on Jamie's life. Under
current law, no one who was working in the doctor's office who heard the
threats would have been required to ensure Jamie's safety. Sadly, after
the appointment, Jamie was murdered by her estranged partner.

All too often, survivors of domestic violence are unaware of the help
they can receive within their communities. This legislation will require
health care facilities to have an internal policy for reporting
suspected cases of domestic violence and to train personnel on this
policy and designating a staff member as the point of contact for domes-
tic violence support services. Additionally, each health care facility
will have access to a list of these providers and will be required to
reach out to an advocate if asked. This will help the many domestic
violence survivors, which are in a similar situation as Jamie was, to
ensure that they know there are reliable resources in their community to
provide help and support.

 
LEGISLATIVE HISTORY:

05/01/19 referred to social services

01/08/20 referred to social services

01/06/21 referred to social services

01/05/22 referred to social services

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
Effective one year after it becomes law.

2023-S5912 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5912
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              March 22, 2023
                                ___________
 
 Introduced  by  Sen.  STEC  --  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  enacting  the
   "Jamie Rose care provider act"
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. This act shall be known and may be cited as the "Jamie Rose
 care provider act".
   § 2. The social services law is amended by adding a new section  459-i
 to read as follows:
   §  459-I. SUSPECTED DOMESTIC ABUSE; HEALTH CARE FACILITIES. 1. FOR THE
 PURPOSES OF THIS SECTION:
   (A) "HEALTH CARE FACILITY" OR "FACILITY" MEANS A  HOME  CARE  SERVICES
 AGENCY  AS  DEFINED  IN  ARTICLE  THIRTY-SIX OF THE PUBLIC HEALTH LAW, A
 HOSPICE AS DEFINED IN ARTICLE FORTY OF THE PUBLIC HEALTH LAW,  A  HEALTH
 MAINTENANCE  ORGANIZATION AS DEFINED IN ARTICLE FORTY-FOUR OF THE PUBLIC
 HEALTH LAW, A SHARED HEALTH FACILITY AS DEFINED IN  ARTICLE  FORTY-SEVEN
 OF  THE  PUBLIC HEALTH LAW, AND ANY FACILITY WHERE A HEALTH CARE PRACTI-
 TIONER OPERATES AS A HEALTH CARE PRACTITIONER. "HEALTH CARE FACILITY" OR
 "FACILITY" SHALL NOT INCLUDE A HOSPITAL AS DEFINED  IN  ARTICLE  TWENTY-
 EIGHT OF THE PUBLIC HEALTH LAW.
   (B)  "HEALTH  CARE  PRACTITIONER"  OR  "PRACTITIONER"  MEANS  A PERSON
 LICENSED UNDER ARTICLE ONE HUNDRED THIRTY-ONE, ONE HUNDRED THIRTY-ONE-B,
 ONE HUNDRED THIRTY-TWO, ONE HUNDRED THIRTY-THREE,  ONE  HUNDRED  THIRTY-
 SIX,  ONE HUNDRED THIRTY-NINE, ONE HUNDRED FORTY-ONE, ONE HUNDRED FORTY-
 THREE, ONE HUNDRED FORTY-FOUR,  ONE  HUNDRED  FIFTY-THREE,  ONE  HUNDRED
 FIFTY-FOUR,  ONE  HUNDRED  FIFTY-SIX  OR  ONE  HUNDRED FIFTY-NINE OF THE
 EDUCATION LAW OR A PERSON CERTIFIED  UNDER  FORMER  SECTION  TWENTY-FIVE
 HUNDRED SIXTY OF THE PUBLIC HEALTH LAW.
   2. EVERY HEALTH CARE FACILITY SHALL: (A) DEVELOP, MAINTAIN AND DISSEM-
 INATE  WRITTEN  POLICIES  AND PROCEDURES FOR THE IDENTIFICATION, ASSESS-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05494-02-3

 S. 5912                             2
 
 MENT, TREATMENT AND REFERRAL OF CONFIRMED OR SUSPECTED CASES OF DOMESTIC
 VIOLENCE; (B) ESTABLISH, AND IMPLEMENT ON AN ONGOING BASIS,  A  TRAINING
 PROGRAM FOR ALL NURSING, MEDICAL, SOCIAL WORK AND OTHER CLINICAL PERSON-
 NEL, AND SECURITY PERSONNEL REGARDING THE POLICIES AND PROCEDURES ESTAB-
 LISHED  PURSUANT  TO  THIS  SECTION; AND (C) DESIGNATE A STAFF MEMBER TO
 CONTACT THE DOMESTIC VIOLENCE OR VICTIM ASSISTANCE ORGANIZATION  IDENTI-
 FIED  BY  THE  COMMISSIONER  OF  HEALTH  UNDER  SUBDIVISION FOUR OF THIS
 SECTION PROVIDING VICTIM ASSISTANCE TO THE  GEOGRAPHIC  AREA  SERVED  BY
 SUCH  HEALTH  CARE FACILITY TO ESTABLISH THE COORDINATION OF SERVICES TO
 DOMESTIC VIOLENCE VICTIMS.
   3. UPON INTAKE OF A CONFIRMED OR SUSPECTED DOMESTIC  VIOLENCE  VICTIM,
 SUCH HEALTH CARE FACILITY SHALL ADVISE THE VICTIM OF THE AVAILABILITY OF
 THE  SERVICES  OF A DOMESTIC VIOLENCE OR VICTIM ASSISTANCE ORGANIZATION.
 IF AFTER RECEIVING SUCH ADVICE THE DOMESTIC VIOLENCE VICTIM  WISHES  THE
 PRESENCE  OF  A  DOMESTIC  VIOLENCE  OR VICTIM ASSISTANCE ADVOCATE, SUCH
 HEALTH CARE FACILITY SHALL  CONTACT  THE  APPROPRIATE  ORGANIZATION  AND
 REQUEST THAT ONE BE PROVIDED.
   4.  THE  COMMISSIONER  OF HEALTH SHALL PROMULGATE SUCH RULES AND REGU-
 LATIONS AS MAY BE NECESSARY AND PROPER  TO  CARRY  OUT  EFFECTIVELY  THE
 PROVISIONS  OF  THIS SECTION. PRIOR TO PROMULGATING SUCH RULES AND REGU-
 LATIONS, THE COMMISSIONER OF HEALTH SHALL CONSULT WITH  THE  OFFICE  FOR
 THE  PREVENTION  OF  DOMESTIC  VIOLENCE  AND  OTHER  SUCH PERSONS AS THE
 COMMISSIONER OF HEALTH DEEMS NECESSARY TO DEVELOP  A  MODEL  POLICY  FOR
 HEALTH  CARE FACILITIES TO UTILIZE IN COMPLYING WITH THIS SECTION AND TO
 IDENTIFY THE DOMESTIC VIOLENCE OR VICTIM ASSISTANCE ORGANIZATIONS  OPER-
 ATING  IN  EACH  HEALTH CARE FACILITY'S GEOGRAPHIC AREA, A LIST OF WHICH
 THE COMMISSIONER OF HEALTH SHALL PROVIDE TO HEALTH CARE FACILITIES  WITH
 THE MODEL POLICY.
   §  3. This act shall take effect one year after it shall have become a
 law. 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 to be made and completed on or before such
 effective date.

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Senate Bill S5912

Sponsored By

Current Bill Status - In Senate Committee Health Committee

2023-S5912 (ACTIVE) - Details

2023-S5912 (ACTIVE) - Summary

2023-S5912 (ACTIVE) - Sponsor Memo

2023-S5912 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S5912

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Sponsored By

Daniel G. Stec

Current Bill Status - In Senate Committee Health Committee

2023-S5912 (ACTIVE) - Details

2023-S5912 (ACTIVE) - Summary

2023-S5912 (ACTIVE) - Sponsor Memo

2023-S5912 (ACTIVE) - Bill Text download pdf

Comments