NY Soc Serv L § 492 (2021)
2021 New York Laws SOS - Social Services Article 11 - Protection of People With Special Needs 492 - Vulnerable Persons' Central Register.

§  492.  Vulnerable  persons'  central  register.  1.  There  shall be established in  the  justice  center  a  statewide  vulnerable  persons' central register. The register shall: (a) receive reports of allegations of   reportable   incidents  involving  persons  receiving  services  in facilities or provider agencies subject  to  the  requirements  of  this article;  (b) as warranted, refer reports alleging crimes to appropriate law  enforcement  authorities;  (c)  notify  appropriate   persons   and officials  of  received  and  accepted  reports;  and  (d)  maintain  an electronic database of each report and the finding associated with  each report.  In  accordance  with this section, the executive director shall establish standards and procedures for the operation of  the  vulnerable persons' central register.   2.  (a)  The  vulnerable persons' central register shall be staffed by persons with at least a baccalaureate or equivalent college degree in  a relevant  field  of  study  or  at  least two years of experience in the direct provision of services, adult or child  protective  services,  and any  other  qualifications  identified by the executive director. Direct service provision shall include  the  care,  investigation,  assessment, treatment,  or  case  planning  for  persons  in  facilities or programs covered by this article or equivalent facilities or programs. Vulnerable persons' central register staff also shall have  access  to  appropriate law  enforcement  officers or others with law enforcement experience who shall assist  in  screening  reports  that  appear  to  allege  criminal offenses  and  help  refer  reports,  as  warranted,  to appropriate law enforcement authorities.  (b) The vulnerable persons' central register shall receive reports  of allegations  of  reportable  incidents  twenty-four hours per day, seven days a week. Mandated reporters shall make such  reports  in  accordance with section four hundred ninety-one of this article; provided, however, any  person  who has reasonable cause to suspect that a person receiving services has been subjected to a reportable incident  may  make  such  a report.  In  no  event  shall  a  report  by  a mandated reporter to the vulnerable persons' central  register  eliminate  the  obligation  of  a mandated  reporter to report incidents in accordance with the applicable laws, regulations and policy of the applicable state oversight agency.  (c) Reports of allegations of reportable incidents shall be submitted, by  a  statewide,  toll-free  telephone  number  (a  "hotline")  or   by electronic  transmission,  in  a  manner  and on forms prescribed by the executive director. The information required on the reporting form shall include but is not limited to: the name and contact information  of  the person or persons making the report, if available, and, if the report is made  by a custodian, any other staff who have the same information; the name and address of the facility or provider  agency;  the  date,  time, specific  location and description of the incident; the name and contact information of the subject of the reportable  incident,  if  known;  the name  of  the  vulnerable  person  alleged  to  have been subjected to a reportable incident; the  names  of  personal  representatives  for  the vulnerable  person who is alleged to have been subjected to a reportable incident, if known; and any other information or documentation that  the executive  director  believes  may be helpful. The inability of a person making a report  to  identify  a  subject  shall,  in  no  circumstance, constitute  cause to reject such allegation for investigation or to fail to refer such allegation for corrective action. The hotline shall accept anonymous calls.   3.  (a)  When  any  allegation  that  could  reasonably  constitute  a reportable  incident  is  received  by  the register, the register shall accept  and  immediately  transmit  notice  of  the  report  orally   or electronically  to  the  appropriate  state  oversight  agency  and,  as  appropriate, to the director or operator of that  facility  or  provider agency.  (b)  Whenever  a  telephone  call  or  electronic  transmission to the vulnerable persons' central register alleges  an  act  or  circumstances that  may  constitute  a  criminal  offense  or an immediate threat to a vulnerable person's  health,  safety  or  welfare,  the  register  shall convey, by the most expedient means available, the information contained in  such  call or transmission to the appropriate law enforcement agency or district attorney and,  to  the  extent  necessary,  the  appropriate emergency responder, and the state oversight agency.  (c)  The justice center is responsible for commencing an investigation of all allegations of reportable incidents  that  are  accepted  by  the vulnerable   persons'   central   register.  With  respect  to  such  an investigation, the justice center shall:  (i) upon acceptance of a  report  of  a  reportable  incident  by  the vulnerable  persons'  central register, promptly commence an appropriate investigation;  (ii) take all appropriate measures to protect the life and  health  of the person who is the alleged victim of a reportable incident, which may include  working with the state oversight agency to take immediate steps to remove the vulnerable person from his  or  her  current  facility  or program  or  to  remove or suspend a subject from a facility or program, subject to  any  applicable  collective  bargaining  agreement,  if  the justice center has reasonable cause to believe that the circumstances or condition  of  the  vulnerable  person  are  such  that  continuing  the vulnerable person in his or her place of residence or program,  or  that continuing  such  subject  in  his  or  her current facility or program, presents an imminent danger to the vulnerable person's life or health;  (iii) determine whether the subject of the  report  is  currently  the subject  of  an  open or substantiated report in the vulnerable persons' central register;  (iv) contact  the  statewide  central  register  of  child  abuse  and maltreatment  to determine whether the subject of the report has been or is currently the subject of an indicated child  abuse  and  maltreatment report  on  file  with the statewide central register of child abuse and maltreatment;  (v) if it is discovered that the subject of a report has one  or  more substantiated  reports of abuse or neglect or indicated reports of child abuse or maltreatment in the statewide central register of  child  abuse and  maltreatment  and  an  investigation  was  or  investigations  were conducted by a different state  agency,  or  a  local  child  protective service,  contact  all  known agencies or services who investigated such previous report or reports to obtain  information  on  such  reports  in accordance with section four hundred ninety-six of this article;  (vi)  notify the personal representative of the person alleged to have been abused  or  neglected  and,  except  in  the  case  of  a  criminal investigation,  or  if  the  executive  director  or his or her designee determines that doing so would interfere with any ongoing investigation, notify the subject or subjects of the report and any other persons named in the report in writing of  the  existence  of  the  report;  provided, however,  that  such  notification  may  be  limited  in accordance with subdivision (c) of section 33.16 of the mental hygiene law;  (vii) if a report of a reportable incident to the vulnerable  persons' central  register  involves  the  death  of a person, the justice center shall give telephone notice and immediately send a copy of the report to the appropriate  district  attorney  and  to  the  medical  examiner  or coroner.  The  medical  examiner  or  coroner  shall  conduct  a  prompt investigation and shall forward a preliminary written report of  his  or  her   findings   within   sixty  days  of  the  date  of  death,  absent extraordinary  circumstances,  and  his  or  her  final  written  report promptly,   absent   extraordinary  circumstances,  to  the  appropriate district  attorney,  the appropriate law enforcement official, the state agency responsible for overseeing the investigation, the justice  center medical  review  board  and,  if  the  death occurred in a hospital, the hospital;  (viii) submit reportable incident findings to the vulnerable  persons' central register in accordance with section four hundred ninety-three of this article;  (ix)  notify the applicable state oversight agency and the director or operator,  where  appropriate,  to  develop  a  plan  of  prevention  or remediation  that  the facility or program must implement in response to the report's findings which must  be  approved  and  its  implementation monitored  by  the  justice  center  or  the  state oversight agency, as appropriate; and  (x) refer suspected cases of falsely reporting  abuse  or  neglect  in violation  of subdivision four of section 240.50 of the penal law to the appropriate  law   enforcement   agency   or   district   attorney   for investigation and prosecution.  (d)  Whenever  a  telephone  call  or  electronic  transmission to the vulnerable persons' central register cannot be accepted as a report, but the  information  provided  alleges  other  potential  wrongdoing  at  a facility  or  provider  agency, the register shall forward the report to the applicable state oversight agency for investigation  and  protective actions,  as needed, pursuant to section four hundred ninety-one of this article.   4. The justice center shall maintain and keep  up-to-date  records  of all   incidents  reported,  together  with  any  additional  information obtained during an investigation of such a report and a  record  of  the final disposition of the report.   5.   The  vulnerable  persons'  central  register  shall  maintain  an electronic database of all accepted  reports  of  reportable  incidents. State  oversight  agencies  shall  have  access  to  information  in the database, limited to cases involving  facilities  or  provider  agencies under their jurisdiction.  (a)  A  unique  identifier  shall  be  assigned  to each report by the vulnerable persons' central register.  (b) The register shall include  the  following  information  for  each report:  a  record of the final disposition of the report; the names and identifying data; dates and circumstances of any  person  requesting  or receiving  information  from the register; whether the person making the report authorized the disclosure of  his  or  her  name  and  personally identifiable  information;  and any other information that the executive director, in consultation with the commissioners of the state  oversight agencies  covered by this article, identifies as furthering the purposes of this  article  and  complying  with  state  and  federal  regulations regarding  the  security and confidentiality of individually identifying health information.   6. The  justice  center  shall  review  such  electronic  database  to identify  incident  patterns  and  trends,  and implement preventive and corrective actions, and to identify patterns and trends in the reporting and response to allegations of reportable incidents and develop plans of improvement based on such reviews.   7. (a) General information about the existence  and  purposes  of  the vulnerable  persons'  central  register  and how to make a report to the register shall be made available on the website of the  justice  center,  with  links  to such information provided on the websites of each of the state oversight agencies covered by this article.  (b)  The  justice  center,  in  collaboration with the state oversight agencies covered by this article, shall develop  and  widely  distribute written  information explaining the reporting requirements and processes consistent with this article. In addition, upon  a  vulnerable  person's commencement  of  the  receipt  of  services by a facility or a provider agency,  personal  representatives   shall   be   provided   with   such information,  and  such information shall be made available upon request to any person.  (c) The justice center,  in  collaboration  with  the  state  agencies operating,  licensing  or certifying facilities or the provider agencies covered by this article, shall provide mandated reporters  with  written information  explaining  the  reporting  requirements in accordance with this article.  (d) The  justice  center  shall  develop  and  implement  programs  to publicly   recognize   and  value  the  contributions  of  reporters  of allegations of reportable incidents whose actions prompt corrections and improvements in the service system; provided, however, that the name and other personally identifiable information of such reporter shall not  be shared unless such person authorizes disclosure.   8.  In  a case where a subject of a report of alleged abuse or neglect resigns  from  his  or  her  position  or  is  terminated  while   under investigation,  the state operating agency or the applicable facility or provider agency shall promptly report such resignation or termination to the justice center. The  investigation  of  the  report  shall  continue despite the resignation or termination of such subject.