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S05446 Text:

                STATE OF NEW YORK
                               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  Assem-
        bly, do enact as follows:
     1    Section  1.  Paragraphs (f) and (g) of subdivision 1 of section 496 of
     2  the social services law, as added by section 1 of part B of chapter  501
     3  of  the  laws  of  2012, are amended and a new paragraph (h) is added to
     4  read as follows:
     5    (f) the independent agency designated pursuant to subdivision  (b)  of
     6  section  five  hundred  fifty-eight  of the executive law, provided that
     7  such information is relevant to a matter within the legal  authority  of
     8  such agency; [or]
     9    (g) other persons named in the report, as defined in subdivision thir-
    10  teen  of  section  four  hundred  eighty-eight  of  this  article  which
    11  includes, but is not limited to, the service recipient's parent, guardi-
    12  an or other person legally responsible for such person; provided, howev-
    13  er, that the names  and  other  personally  identifying  information  of
    14  custodians  and  other  service  recipients shall not be included unless
    15  such custodians and service recipients authorize disclosure.    Notwith-
    16  standing  the  prohibitions on non-redisclosure set forth in the closing
    17  sentence of this subdivision, the service recipient,  and  such  service
    18  recipient's  parent,  guardian  or  other person legally responsible for
    19  such service recipient may disclose information and reports made  avail-
    20  able  pursuant  to  this paragraph to an attorney, who shall not further
    21  disclose except as is necessary for use by such  attorney  in  rendering
    22  advice, assistance and representation[.]; or
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        S. 5446                             2
     1    (h) officers and employees of the state comptroller, for purposes of a
     2  duly authorized performance audit; provided, however, that such officers
     3  and  employees  shall protect the confidentiality of the service recipi-
     4  ent, the subject of the report,  and  any  other  person  named  in  the
     5  report,  in  accordance with the provisions of paragraph (t) of subdivi-
     6  sion two of this section.
     7    § 2. This act shall take effect immediately.
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