Laws of New York (Last Updated: November 21, 2014) |
ADC New York City Administrative Code(NEW) |
Title 17. HEALTH |
Chapter 1. DEPARTMENT OF HEALTH AND MENTAL HYGIENE |
Section 17-190a. Definitions.
Latest version.
- For the purposes of this section, the
following terms shall be defined as follows:
1. "Homeless person" means a person who at the time of death did not
have a known street address of a residence at which he or she was known
or reasonably believed to have resided.
2. "Homeless shelter resident" means a person who at the time of death
lived in a homeless shelter as defined in paragraph 3 of this
subdivision.
3. "Homeless shelter" means (i) a residence operated by or on behalf
of the department of homeless services; (ii) an emergency residence
operated by or on behalf of the department of social services/human
resources administration which is available primarily for homeless
persons with HIV or AIDS related illness; or (iii) a residence operated
by or on behalf of the department of housing preservation and
development to the extent that such residence houses clients of the
department of homeless services; provided, however, that such term shall
not include any residence that is available primarily for battered
women.
b. Reports regarding deaths of homeless persons and homeless shelter
residents. 1. The department shall, on January first, April first, July
first and October first of each year, beginning on January first, two
thousand six, submit a report to the council indicating the incidence of
deaths of homeless persons and homeless shelter residents during the
quarter year which began on the first day of the sixth month preceding
the month in which the report is required to be filed. Subject to
paragraph 3 of this subdivision, such quarterly report shall include, at
a minimum, (i) the number of homeless persons who died during the
reporting quarter for whom there was an investigation by the office of
the chief medical examiner as required pursuant to section 557 of the
charter, the number of homeless shelter residents who died during such
quarter and, to the extent such information is readily available, the
number of other homeless persons who died during such quarter; (ii) the
community board district where each such decedent died, disaggregated
within each such district by whether the death occurred outdoors, in a
hospital, in a nursing home and/or other residential health care
facility, in a homeless shelter, or, to the extent such information is
available, in another facility, residence or other type of location,
provided, however, that the location of decedents who died in a
residence operated by or on behalf of the department of social
services/human resources administration which is available primarily for
homeless persons with HIV or AIDS related illness shall be provided by
borough; (iii) an indication as to whether the decedent was known to be
living in a homeless shelter at the time of death and the community
board district in which such homeless shelter is located, provided
however, that the location of the residence of decedents known to be
living in a homeless shelter operated by or on behalf of the department
of social services/human resources administration which is available
primarily for homeless persons with HIV or AIDS related illness shall be
provided by borough; and (iv) the age or approximate age and gender of
each such decedent; provided, however, that in cases where the identity
of a decedent is unknown or in cases where it is unknown whether such
decedent was a homeless person or a homeless shelter resident, the
department shall provide the information required by this paragraph
during the quarter that such information becomes available, as well as
the date or approximate date such death occurred.
2. In addition to the quarterly reports required pursuant to this
subdivision, the department shall, subject to paragraph 3 of this
subdivision, submit an annual report to the council and the mayor by
January fifteenth of each year, (i) summarizing and aggregating, as well
as updating and amending if necessary, the information provided in the
immediately preceding four quarterly reports; and (ii) indicating the
causes of death for all deaths in such report disaggregated by cause,
including, but not limited to, how many such deaths were related to
exposure to outdoor conditions.
3. The department may withhold information from a quarterly or annual
report about an individual decedent otherwise required pursuant to this
subdivision to the extent that such withholding is necessary to avoid
disclosing the identity of such decedent, provided that the department
shall specify when such information is withheld and shall report all
other information about such decedent that will not reveal the identity
of such decedent.
4. In each quarterly and annual report required pursuant to this
subdivision, the department shall describe the methodologies used to
identify homeless persons and homeless shelter residents and provide an
analysis of the reliability and validity of such methodologies.
5. The quarterly and annual reports required pursuant to this
subdivision shall be made available to any member of the public upon
request.
c. Rules. By December fifteenth, 2005, the department after public
hearings shall promulgate such rules as are necessary to implement the
provisions of this section.
* NB Repealed January 30, 2012