Creates an abuse prevention notification system

BILL NUMBER:S5796

Title of bill

An act to amend the mental hygiene law, in relation to creating an abuse prevention notification system

Purpose or general idea of bill

The purpose of this bill is to require OPWDD to supply certain information to providers when a criminal background check is requested of a perspective employee or volunteer.

Summary of specific provisions

Section 1 of the bill requires that when OPWDD receives a request for criminal history information for a perspective employee or volunteer, and if OPWDD has on file a substantiated report of abuse or serious neglect of an individual with developmental disabilities of this perspective employee or volunteer, then OPWDD must furnish along with the criminal history information, a summary report(s) together with any written response from the employee or volunteer. OPWDD must also provide this information to the perspective employee or volunteer and must also provide the prospective employee or volunteer with notice on their right to receive a summary report, and establishes an appeal process.

Section 2 of the bill requires the commissioner of OPWDD to promulgate rules and regulations to allow any affected employee or volunteer to be provided a copy of regulations and procedures governing such investigations and, in writing, notify the employee or volunteer subject of the investigation of the right and procedures for obtaining and responding to any report filed by the provider with the office in accordance with this section.

Section 3 adds that when conducting certain investigations, CQC must provide any affected employee or volunteer with a copy of this section and the regulations and procedures governing such investigations and, in writing, notify the employee or volunteer of the investigation and of the right and procedures for obtaining and responding to any report filed by the commission with the applicable office in accordance with this section.

Section 4 establishes an effective date.

Justification

The New York Times recently published an article which chronicled allegations of abuse and mistreatment of residents with developmental disabilities in group homes, As a result, the Assembly held a series of statewide public hearings aimed at carefully examining the quality of care and safety measures in homes for individuals with developmental disabilities.

It has come to the attention of the Assembly that OPWDD providers arc unable to obtain information in regards to perspective employees' or volunteers' prior work history, and thus result in a recycling of

employees or volunteers who are found to have prior abuse history. This bill would allow for providers to inquire to OPWDD in regards to perspective employee or volunteer history in which the perspective employee was named in a substantiated report of abuse or neglect.

Prior legislative history

New bill.

Fiscal impact

Undetermined

Effective date

This act shall take effect on the first of January, 2012, with provisions.