Bill Text: NY A05476 | 2013-2014 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Requires the review of the criminal history of prospective employees of adult homes, enriched housing programs or residences for adults; extends effectiveness.

Spectrum: Moderate Partisan Bill (Democrat 5-1)

Status: (Passed) 2014-07-22 - signed chap.94 [A05476 Detail]

Download: New_York-2013-A05476-Amended.html

---

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        5476--C
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 28, 2013
                                      ___________
       Introduced  by  M.  of  A.  CYMBROWITZ,  HEVESI, BRINDISI, BROOK-KRASNY,
         ROSENTHAL -- Multi-Sponsored by -- M. of A. LUPINACCI -- read once and
         referred to the Committee on  Health  --  committee  discharged,  bill
         amended,  ordered reprinted as amended and recommitted to said commit-
         tee -- recommitted to the  Committee  on  Health  in  accordance  with
         Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered
         reprinted  as  amended  and  recommitted  to  said  committee -- again
         reported from said committee with  amendments,  ordered  reprinted  as
         amended and recommitted to said committee
       AN  ACT  to  amend section 38 of part A of the chapter 60 of the laws of
         2014 amending the public health law, relating to  adult  care  facili-
         ties,  in  relation  to  the  effectiveness  thereof; and to amend the
         public health law, in relation to criminal history checks of  prospec-
         tive employees of adult care facilities
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 38 of part A of chapter 60  of  the  laws  of  2014
    2  amending  the  public  health  law  relating to adult care facilities is
    3  amended to read as follows:
    4    S 38. This act shall take effect immediately and shall  be  deemed  to
    5  have been in full force and effect on and after April 1, 2014; PROVIDED,
    6  HOWEVER, THAT SECTIONS TWENTY-TWO, TWENTY-THREE, AND TWENTY-FOUR OF THIS
    7  ACT  SHALL  TAKE  EFFECT  JANUARY  1,  2015; provided, however, that the
    8  amendments to subdivisions 1 and  2  of  section  461-k  of  the  social
    9  services law made by section thirty-one of this act shall not affect the
   10  expiration  of such section and shall be deemed to expire therewith; and
   11  provided, further, that the amendments made to paragraph (b) of subdivi-
   12  sion 18-a of section 206 of  the  public  health  law  made  by  section
   13  sixteen  of  this  act shall not affect the expiration of such paragraph
   14  and shall be deemed to expire therewith.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09242-06-4
       A. 5476--C                          2
    1    S 2. Subdivision 10 of section 2899-a of the  public  health  law,  as
    2  amended  by  chapter  331  of  the  laws  of 2006, is amended to read as
    3  follows:
    4    10.  Notwithstanding  subdivision  eleven  of  section  eight  hundred
    5  forty-five-b of the executive  law,  a  certified  home  health  agency,
    6  licensed home care services agency or long term home health care program
    7  certified, licensed or approved under article thirty-six of this chapter
    8  or  a  home  care services agency exempt from certification or licensure
    9  under article thirty-six of this chapter,  OR  AN  ADULT  CARE  FACILITY
   10  LICENSED UNDER ARTICLE SEVEN OF THE SOCIAL SERVICES LAW, may temporarily
   11  approve a prospective employee while the results of the criminal history
   12  information  check and the determination are pending, upon the condition
   13  that the provider conducts appropriate direct observation and evaluation
   14  of the temporary employee, while he or she is temporarily employed,  and
   15  the care recipient. The results of such observations shall be documented
   16  in  the temporary employee's personnel file and shall be maintained. For
   17  purposes of providing such appropriate  direct  observation  and  evalu-
   18  ation, the provider shall utilize an individual employed by such provid-
   19  er  with  a minimum of one year's experience working in an agency certi-
   20  fied, licensed or approved under article thirty-six of this  chapter  OR
   21  AN  ADULT  CARE  FACILITY  LICENSED  UNDER  ARTICLE  SEVEN OF THE SOCIAL
   22  SERVICES LAW.  If the temporary employee is working under contract  with
   23  another  provider  certified, licensed or approved under article thirty-
   24  six of this chapter, such contract provider's appropriate direct  obser-
   25  vation  and  evaluation  of  the temporary employee, shall be considered
   26  sufficient for the purposes of complying with this subdivision.
   27    S 3. This act shall take effect immediately; provided,  however,  that
   28  section two of this act shall take effect January 1, 2015.