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NY A00038
Bill
Status
1/5/2011
Primary Sponsor
Carmen Arroyo
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AI Summary
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Extends the expungement period for unsustained abuse allegations in residential health care facilities from 120 days to five years following notification of the commissioner's determination.
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Seals unsustained abuse reports for 120 days after determination notification, with access limited to the subject of the report or law enforcement/prosecutors investigating related criminal matters.
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Prohibits redisclosure of sealed reports except as necessary for investigation or prosecution, and requires requestors to seek court redaction of names in any court proceedings.
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Classifies all abuse reports, investigation records, and related information as confidential and exempt from public disclosure under the Public Officers Law, with limited exceptions for prosecutors and law enforcement.
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Amends the Executive Law to prohibit discrimination based on unsustained abuse allegations, treating them similarly to sealed criminal convictions for employment, licensing, and credit purposes.
Legislative Description
Provides for the expungement of unsustained allegations of abuse of persons receiving care and services in residential health care facilities and the sealing of records where the commissioner of health has determined such allegations of abuse would not be sustained; provides exceptions to such provisions.
Last Action
referred to aging
1/5/2011