Bill Text: NY S04926 | 2013-2014 | General Assembly | Amended


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: Slight Partisan Bill (Republican 4-2)

Status: (Engrossed - Dead) 2014-06-20 - SUBSTITUTED BY A5476D [S04926 Detail]

Download: New_York-2013-S04926-Amended.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        4926--C
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                      May 1, 2013
                                      ___________
       Introduced  by  Sens. HANNON, MARCHIONE, AVELLA, GOLDEN, LARKIN, O'BRIEN
         -- read twice and ordered printed, and when printed to be committed to
         the Committee on Health -- recommitted to the Committee on  Health  in
         accordance  with Senate Rule 6, sec. 8 -- reported favorably from said
         committee with amendments and committed to the Committee on Finance --
         committee discharged, bill amended, ordered reprinted as  amended  and
         recommitted  to  said committee -- committee discharged, bill amended,
         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 and the social services law, in relation to criminal
         history checks of prospective employees of adult homes, enriched hous-
         ing programs or residences for adults
         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.
                                                                  LBD09242-09-4
       S. 4926--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  HOME,  ENRICHED
   10  HOUSING  PROGRAM OR RESIDENCE FOR ADULTS LICENSED UNDER ARTICLE SEVEN OF
   11  THE SOCIAL SERVICES LAW, may temporarily approve a prospective  employee
   12  while  the  results  of  the  criminal history information check and the
   13  determination are pending, upon the condition that the provider conducts
   14  appropriate direct observation and evaluation of the temporary employee,
   15  while he or she is temporarily employed, and  the  care  recipient.  The
   16  results  of  such  observations  shall  be  documented  in the temporary
   17  employee's personnel file and  shall  be  maintained.  For  purposes  of
   18  providing  such  appropriate  direct  observation  and  evaluation,  the
   19  provider shall utilize an individual employed by such  provider  with  a
   20  minimum  of  one  year's  experience  working  in  an  agency certified,
   21  licensed or approved under article thirty-six  of  this  chapter  OR  AN
   22  ADULT  HOME,  ENRICHED  HOUSING PROGRAM OR RESIDENCE FOR ADULTS LICENSED
   23  UNDER ARTICLE SEVEN OF THE  SOCIAL  SERVICES  LAW.    If  the  temporary
   24  employee  is  working  under  contract  with another provider certified,
   25  licensed or approved under article  thirty-six  of  this  chapter,  such
   26  contract provider's appropriate direct observation and evaluation of the
   27  temporary  employee,  shall be considered sufficient for the purposes of
   28  complying with this subdivision.
   29    S 3. Subdivision 6 of section  2899  of  the  public  health  law,  as
   30  amended  by  section  22 of part A of chapter 60 of the laws of 2014, is
   31  amended to read as follows:
   32    6. "Provider" shall mean any residential health care facility licensed
   33  under article twenty-eight of this chapter; or any certified home health
   34  agency, licensed home care services agency or long term home health care
   35  program certified under article  thirty-six  of  this  chapter;  or  any
   36  [adult  care facility] ADULT HOME, ENRICHED HOUSING PROGRAM OR RESIDENCE
   37  FOR ADULTS licensed under article seven of the social services law.
   38    S 4. Section 461-t of the social services law, as added by section  24
   39  of  part  A  of  chapter  60  of the laws of 2014, is amended to read as
   40  follows:
   41    S 461-t. Review of criminal history information concerning prospective
   42  direct care employees. Every [adult care facility] ADULT HOME,  ENRICHED
   43  HOUSING PROGRAM AND RESIDENCE FOR ADULTS shall conduct a criminal histo-
   44  ry  record  check  of  prospective  direct  care employees utilizing the
   45  procedures and standards set forth  in  article  twenty-eight-E  of  the
   46  public health law.
   47    S  5.  This act shall take effect immediately; provided, however, that
   48  sections two, three and four of this act shall take  effect  January  1,
   49  2015.
feedback