Protect Developmentally Disabled Whistleblowers

Section 1. Subdivision 2 of section 31.11 of the mental hygiene law, as amended by chapter 558 of the laws of 2011, is amended to read as follows:

2. (a) making such reports as are necessary to provide immediate reporting and notification to 911 by the mandated reporter, the district attorney or other appropriate law enforcement official and the commissioner or his or her authorized representative as soon as possible, [or in any event within three working days,] if it appears that a crime may have been committed against a patient receiving services from such provider, unless it appears that the crime includes an employee, intern, volunteer, consultant, contractor, or visitor and the alleged conduct caused physical injury or the patient was subject to unauthorized sexual contact, or if it appears the crime is endangering the welfare of an incompetent or physically disabled person pursuant to section 260.25 of the penal law, or if the crime was any felony under state or federal law, then the district attorney or other appropriate law enforcement official must be contacted immediately[, and in any event no later than twenty-four hours and such] . Such other reports, uniform and otherwise, as are required by the commissioner or his or her authorized representative with respect to its operations. If there is reasonable cause to believe that the crime against the client may have occurred in a facility or program of any other service provider licensed, certified, funded or operated by a state agency, the administrator or chief executive officer of such other service provider shall also be notified and also has the responsibility to ensure that 911 was notified as soon as possi-

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD03918-01-7

A. 2946 2

ble[, or in any event within three working days]. Provided however, nothing herein shall require such report to an administrator or chief executive officer of a provider who is alleged to have committed the crime. [The commissioner may execute a memorandum of understanding with the commissioners of other appropriate state agencies to ensure the coordination and cooperation of such agencies and providers of services with regard to the conduct of any investigation and prevention of unnecessary duplicative investigations resulting from the report of an alleged crime that may have occurred in a facility or program of another service provider.] Information obtained by the commissioner or the commission on quality of care for the mentally disabled from the records of patients receiving services shall be kept confidential in accordance with the provisions of this chapter.

(b) Any and all state or private direct care employees or any other official, employee or volunteer within any facility operated by, certified, licensed, funded or otherwise authorized by the department that witnesses and reports any allegation of abuse, neglect, maltreatment, unauthorized use of restraints or seclusion, or any other suspicious acts, or premature deaths pursuant to paragraph (a) of this subdivision shall be protected from any and all retribution, suspension or termination by the facility, its employees or the department for reporting such. Any person that treats a whistleblower wrongfully, suspends a whistleblower or fires a whistleblower for his or her actions shall be subject to termination and shall not be entitled to absolute or qualified immunity in a cause of action for civil liability.

§ 2. This act shall take effect immediately.