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

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-Introduced.html

---

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5476
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 28, 2013
                                      ___________
       Introduced  by  M.  of  A.  CYMBROWITZ  -- read once and referred to the
         Committee on Health
       AN ACT to amend the public  health  law  and  social  services  law,  in
         relation  to  requiring the review of the criminal history 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. Subdivision 6 of section 2899 of the public health law, as
    2  amended by chapter 331 of the laws  of  2006,  is  amended  to  read  as
    3  follows:
    4    6. "Provider" shall mean any residential health care facility licensed
    5  under article twenty-eight of this chapter; or any certified home health
    6  agency, licensed home care services agency or long term home health care
    7  program certified under article thirty-six of this chapter; OR ANY ADULT
    8  CARE FACILITY LICENSED UNDER ARTICLE SEVEN OF THE SOCIAL SERVICES LAW.
    9    S  2.  Paragraph  (a) of subdivision 9 of section 2899-a of the public
   10  health law, as amended by chapter 331 of the laws of 2006, is amended to
   11  read as follows:
   12    (a) In the event that funds are appropriated in any given fiscal  year
   13  for  the  reimbursement for the costs of providing such criminal history
   14  information, reimbursement shall be made available in an  equitable  and
   15  direct  manner for the projected cost of the fee established pursuant to
   16  law by the division of criminal justice services for processing a crimi-
   17  nal history information check, the fee imposed by the federal bureau  of
   18  investigation  for  a national criminal history check, and costs associ-
   19  ated with obtaining the fingerprints to all providers licensed, but  not
   20  certified  under  article thirty-six of this chapter, AND ALL ADULT CARE
   21  FACILITIES LICENSED UNDER ARTICLE SEVEN  OF  THE  SOCIAL  SERVICES  LAW,
   22  including  those  that  are  subject  to  this article and are unable to
   23  access direct reimbursement from  state  and/or  federal  funded  health
   24  programs.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09242-01-3
       A. 5476                             2
    1    S  3.  Section  2899-a of the public health law is amended by adding a
    2  new subdivision 13 to read as follows:
    3    13. ANY PROVIDER MAY APPLY TO THE DEPARTMENT TO UTILIZE AN ALTERNATIVE
    4  METHOD  OF  OBTAINING  AND  REVIEWING  CRIMINAL  HISTORY  INFORMATION OF
    5  PROSPECTIVE EMPLOYEES. THE DEPARTMENT MAY APPROVE  SUCH  AN  ALTERNATIVE
    6  METHOD IF IT DETERMINES, IN ITS DISCRETION, THAT SUCH ALTERNATIVE METHOD
    7  WILL RESULT IN THE DISCLOSURE AND REVIEW OF ALL RELEVANT CRIMINAL HISTO-
    8  RY INFORMATION OF A PROSPECTIVE EMPLOYEE.
    9    S  4. The social services law is amended by adding a new section 461-t
   10  to read as follows:
   11    S 461-T. REVIEW OF CRIMINAL HISTORY INFORMATION CONCERNING PROSPECTIVE
   12  DIRECT CARE EMPLOYEES. EVERY ADULT CARE FACILITY SHALL CONDUCT A  CRIMI-
   13  NAL  HISTORY RECORD CHECK OF PROSPECTIVE DIRECT CARE EMPLOYEES UTILIZING
   14  THE PROCEDURES AND STANDARDS SET FORTH IN ARTICLE TWENTY-EIGHT-E OF  THE
   15  PUBLIC HEALTH LAW.
   16    S  5.  This  act shall take effect on the ninetieth day after it shall
   17  have become a law, and  the  department  of  health  is  authorized  and
   18  directed  to promulgate, amend and/or repeal, on an emergency basis, any
   19  rules and regulations necessary to implement the provisions of this act.