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

BILL NUMBER:S5042

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 streamlines death reporting requirements, resulting in greater efficiencies for operators and the Department of Health (DOH). It also provides greater clarity regarding what crimes should be reported to the appropriate authorities, so operators are not left trying to determine if something meets the definition of a felony.

Summary of specific provisions

This bill would streamline the reporting requirements for certain adult care facility (ACF) providers, by requiring that attempted suicides and deaths occurring due to reasons other than the natural course of illness or disease must be reported. The bill also clarifies that the reporting should occur on the next business day of learning of the incident, rather than twenty-four hours from the time the incident occurred.

The bill also modifies the requirement that certain ACFs report felonies believed to have been committed. This language is replacing with specific crimes that should be reported to the appropriate authorities, within forty eight hours, to give operators greater clarity about what should be reported.

Lastly, it updates the reference to the state Commission on Quality of Care for the Mentally Disabled to the Commission on Quality Care and Advocacy for Persons with Disabilities. This change is technical in nature.

Justification

The requirement for all deaths that occur in certain ACFs is cumbersome and unnecessary for ACFs and DOH alike. Much has changed since the requirement was originally implemented, and DOH provides much greater oversight of facilities. During this time of increased budget pressure and decreased resources, mandates such as these need to be amended. For those facilities that serve the frail elderly, deaths are dignified and expectable and should not be treated as an "incident;" nor should DOH have to dedicate resources into investigating natural deaths. The parameters under which deaths must be reported, thus, has been narrowed to incorporate only those that occurred for reasons other than the natural course of illness or disease.

The timeframe for the reporting requirement is also changed, to take place on the next business day, as there is no one in the state agency offices to receive such a report on the weekend or holidays. The operator must report the death on next the business day after having learned of it, as residents may expire while hospitalized, in rehabilitation, etc., and the ACF is not always immediately notified.

Lastly, the language requiring operators to report to the appropriate authorities when a felony crime may have been committed against a resident has been amended. The change is meant to give greater guidance to operators regarding what should be reported. Those who work outside

of the criminal justice system are unfamiliar with what specifically constitutes a felony, resulting in confusion about what their reporting responsibility actually is. The replacement language borrows from the nursing home reporting requirements, and gives the operator specific guidance.

Prior legislative history

None, this is a new bill.

Fiscal implications

This bill would result in greater efficiencies for DOH regional offices, which may not translate to direct dollars but would enable them to dedicate resources in ways that have a greater impact on resident protections.

Effective date

One Hundred and Twenty days after it shall have become a law.