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 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.
LBD09778-02-9
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.
