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.