What's happening
This bill requires providers for the developmentally disabled to arrange independent medical exams after any reported abuse or neglect.
Why it matters
Ensures objective assessment. By mandating independent medical exams after allegations of abuse or neglect, the bill aims to provide an unbiased evaluation of the individual's condition, which can help prevent conflicts of interest or cover-ups by service providers.
Strengthens protection for vulnerable individuals. Immediate access to medical evaluations may help identify and document injuries or neglect more promptly, potentially leading to faster interventions and improved safety for developmentally disabled children and adults.
May increase accountability for providers. The requirement creates a legal obligation for service providers to act on any report of abuse or neglect, making it harder to ignore or downplay such allegations and possibly deterring future incidents.
Supports legal and investigative processes. Timely, independent medical documentation can be crucial for investigations, prosecutions, or administrative actions, improving the chances of justice and appropriate responses in cases of substantiated abuse or neglect.
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Who cares
Headline styles
Require Abuse Medical Exams
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 59
No co-sponsors yet.
History
- Referred to mental health and developmental disabilities
- Referred to rules
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
6630
2017-2018 Regular Sessions
IN SENATE
June 8, 2017
Introduced by Sen. GALLIVAN -- read twice and ordered printed, and when printed to be committed to the Committee on Rules
AN ACT to amend the mental hygiene law, in relation to duties of providers of services for the developmentally disabled
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 31.11 of the mental hygiene law is amended by adding a new subdivision 6 to read as follows:
6. providing an independent medical examination at a hospital, urgent care or similar institution whenever an allegation of abuse or neglect of a child or adult under such care is reported.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11634-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the mental hygiene law, in relation to duties of providers of services for the developmentally disabled
Purpose
To require there must be an independent medical evaluation of an individual who is developmentally disabled if there is an allegation of abuse.
Summary of provisions
Section 1: Section 31.11 of the Mental Hygiene Law is amended by adding a new subdivision 6 stating that the medical evaluation of an individual who is developmentally disabled if there is an allegation of abuse shall be independently performed.
Section 2: States that this act shall take effect immediately.
Justification
Any time abuse of an individual who is disabled is suspected, there is a medical evaluation. However, the group home or non-profit agency often sends the client to a medical professional who is affiliated with the group home or a medical professional who is on the board of the home or non-profit agency. This legislation would require that the medical evaluation be completed by a medical professional who has no affiliation whatsoever with the organization. In this way the evaluation is completely unbiased.
Legislative history
This is a new bill.
Fiscal implications
None to the State.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.