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.