What's happening
This bill allows the State Comptroller's officers and employees access to certain incident reports for performance audits while protecting confidentiality.
Why it matters
Enables independent oversight. by allowing the State Comptroller’s office access to sensitive incident reports, strengthening accountability and transparency regarding how services for vulnerable persons are managed.
Maintains strict confidentiality protections. by requiring Comptroller’s staff to safeguard the identities and personal information of service recipients and others named in reports, reducing risks of privacy violations.
May improve quality of care. for vulnerable populations, as broader access to incident data enables more thorough performance audits, potentially identifying systemic issues or areas for reform.
Balances oversight with privacy. by specifying that access is solely for authorized audits, and that redisclosure of confidential information is limited, aiming to prevent misuse while allowing effective governmental review.
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Who cares
Headline styles
Let Comptroller Audit Reports
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 38
No co-sponsors yet.
History
- Referred to mental health and developmental disabilities
- Returned to senate
- Died in assembly
- Referred to mental health
- Delivered to assembly
- Passed senateVote 61–1
- Advanced to third reading
- 2nd report cal.
- 1st report cal.740
- Referred to mental health and developmental disabilities
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5446
2019-2020 Regular Sessions
IN SENATE
May 1, 2019
Introduced by Sen. CARLUCCI -- (at request of the State Comptroller) -read twice and ordered printed, and when printed to be committed to the Committee on Mental Health and Developmental Disabilities
AN ACT to amend the social services law, in relation to authorizing certain reports relating to reportable incidents involving vulnerable persons to be made available to officers and employees of the state comptroller for the purposes of a duly authorized performance audit
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Paragraphs (f) and (g) of subdivision 1 of section 496 of the social services law, as added by section 1 of part B of chapter 501 of the laws of 2012, are amended and a new paragraph (h) is added to read as follows:
(f) the independent agency designated pursuant to subdivision (b) of section five hundred fifty-eight of the executive law, provided that such information is relevant to a matter within the legal authority of such agency; [or]
(g) other persons named in the report, as defined in subdivision thirteen of section four hundred eighty-eight of this article which includes, but is not limited to, the service recipient's parent, guardian or other person legally responsible for such person; provided, however, that the names and other personally identifying information of custodians and other service recipients shall not be included unless such custodians and service recipients authorize disclosure. Notwithstanding the prohibitions on non-redisclosure set forth in the closing sentence of this subdivision, the service recipient, and such service recipient's parent, guardian or other person legally responsible for such service recipient may disclose information and reports made available pursuant to this paragraph to an attorney, who shall not further disclose except as is necessary for use by such attorney in rendering advice, assistance and representation[.]; or
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09778-02-9
S. 5446 2
(h) officers and employees of the state comptroller, for purposes of a duly authorized performance audit; provided, however, that such officers and employees shall protect the confidentiality of the service recipient, the subject of the report, and any other person named in the report, in accordance with the provisions of paragraph (t) of subdivision two of this section.
§ 2. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the social services law, in relation to authorizing certain reports relating to reportable incidents involv- ing vulnerable persons to be made available to officers and employees of the state comptroller for the purposes of a duly authorized performance audit
Purpose
OR IDEA OF BILL:
To provide additional information to the Comptroller's Office for the purpose of conducting a duly authorized performance audit. This bill would provide for reports and related information on unsubstantiated cases under Article 11 of the Social Services Law to be made available to officers and employees of the Office of the New York State Comp- troller.
Summary of specific provisions
Section 1 of this proposal amends
Section 496 of the social services law.
Section 2 provides for an immediate effective date.
Justification
The State Constitution and the State Finance Law authorize the Office of the State Comptroller (OSC) to conduct performance audits. Under Section 496 of the Social Services Law, officers and employees of the OSC are authorized to receive reports made pursuant to Article 11 of such law that are found to be substantiated as well as receive related informa- tion concerning such reports for the purpose of conducting the author- ized audits.
Current law does not provide for access to information or reports which are considered to be unsubstantiated. The lack of access to information related to unsubstantiated cases is a significant barrier to evaluating the operations of auditees as such cases represent the majority of cases investigated. For example, according to the Justice Center's 2017 Annual Report, for State Operated facilities, 70.4% of closed cases were unsub- stantiated and 64.1% of the Non-State-Operated facilities were unsub- stantiated.
OSC conducted an audit released in March of 2017 that assessed whether the Justice Center was meeting its responsibilities. Due to the lack of access to unsubstantiated information, auditors were unable to accurate- ly assess several of the key areas of the Center's responsibilities. Specifically, auditors were unable to assess whether the population of allegations and incident reports provided during the audit period was accurate and complete; or whether all allegations received were accu- rately categorized and recorded in the Vulnerable Persons' Central Register (VPCR).
This bill would ensure that the duty of the State Comptroller to provide independent oversight is properly effectuated.
Prior legislative history
S. 6583-A and A.9545 (2018)
Fiscal implications
None.
Effective date
Immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.