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

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

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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

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        5476--B
                              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
       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
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09242-05-4
       A. 5476--B                          2
    1  certified under article thirty-six of this chapter, AND ALL  ADULT  CARE
    2  FACILITIES  LICENSED  UNDER  ARTICLE  SEVEN  OF THE SOCIAL SERVICES LAW,
    3  including those that are subject to  this  article  and  are  unable  to
    4  access  direct  reimbursement  from  state  and/or federal funded health
    5  programs.
    6    S 3. The social services law is amended by adding a new section  461-t
    7  to read as follows:
    8    S 461-T. REVIEW OF CRIMINAL HISTORY INFORMATION CONCERNING PROSPECTIVE
    9  DIRECT  CARE EMPLOYEES. EVERY ADULT CARE FACILITY SHALL CONDUCT A CRIMI-
   10  NAL HISTORY RECORD CHECK OF PROSPECTIVE DIRECT CARE EMPLOYEES  UTILIZING
   11  THE  PROCEDURES AND STANDARDS SET FORTH IN ARTICLE TWENTY-EIGHT-E OF THE
   12  PUBLIC HEALTH LAW.
   13    S 4. This act shall take effect the first of January  next  succeeding
   14  the  date  on  which it shall have become a law.  Effective immediately,
   15  the department of health is authorized and directed to promulgate, amend
   16  and/or repeal, on an emergency basis, any rules and  regulations  neces-
   17  sary to implement the provisions of this act.