Assembly Bill A7008

2011-2012 Legislative Session

Provides for the review of the criminal history information of prospective residents of nursing homes

download bill text pdf

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Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2011-A7008 (ACTIVE) - Details

Current Committee:
Assembly Health
Law Section:
Public Health Law
Laws Affected:
Add Art 28-F §§2899-b & 2899-c, Pub Health L; add §845-c, Exec L
Versions Introduced in Other Legislative Sessions:
2009-2010: A4288
2013-2014: A4453

2011-A7008 (ACTIVE) - Summary

Provides for the review of the criminal history information of prospective residents of nursing homes by the department of health to determine whether such resident has a prior sex offense conviction or a recent completion of the sentence for a criminal conviction; in any such case information on such conviction shall be disclosed to the nursing home.

2011-A7008 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7008

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              April 8, 2011
                               ___________

Introduced  by M. of A. CAMARA, LANCMAN, MILLMAN, SPANO, REILLY, CROUCH,
  GIGLIO, McDONOUGH, ORTIZ, PEOPLES-STOKES, PHEFFER, WEISENBERG,  MAYER-
  SOHN, ROBINSON -- read once and referred to the Committee on Health

AN ACT to amend the public health law and the executive law, in relation
  to  the  review of criminal history information concerning prospective
  residents of nursing homes

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The  public health law is amended by adding a new article
28-F to read as follows:
                              ARTICLE 28-F
                 REVIEW OF CRIMINAL HISTORY INFORMATION
                OF PROSPECTIVE RESIDENTS OF NURSING HOMES
SECTION 2899-B.  DEFINITIONS.
        2899-C.  REQUESTS FOR CRIMINAL  HISTORY  INFORMATION  CONCERNING
                   PROSPECTIVE RESIDENTS.
  S  2899-B.  DEFINITIONS.  AS USED IN THIS ARTICLE, THE FOLLOWING WORDS
AND PHRASES SHALL HAVE THE FOLLOWING MEANINGS:
  1. "CRIMINAL HISTORY INFORMATION" SHALL MEAN A RECORD OF PENDING CRIM-
INAL CHARGES, CRIMINAL  CONVICTIONS  WHICH  HAVE  NOT  BEEN  VACATED  OR
REVERSED,  INFORMATION  FROM  THE  FEDERAL  BUREAU OF INVESTIGATION AS A
RESULT OF A NATIONAL CRIMINAL HISTORY  RECORD  CHECK,  AND  CERTIFICATES
FILED  PURSUANT  TO SUBDIVISION TWO OF SECTION SEVEN HUNDRED FIVE OF THE
CORRECTION LAW AND WHICH THE DIVISION OF CRIMINAL  JUSTICE  SERVICES  IS
REQUIRED  TO  MAINTAIN  PURSUANT  TO  SUBDIVISION  SIX  OF SECTION EIGHT
HUNDRED THIRTY-SEVEN OF THE EXECUTIVE LAW.
  2. "DETERMINATION" SHALL MEAN THE  DECISION  MADE  BY  THE  DEPARTMENT
AFTER  REVIEWING CRIMINAL HISTORY INFORMATION TO APPROVE OR DISAPPROVE A
PROSPECTIVE RESIDENT'S ELIGIBILITY FOR RESIDENCE AT A NURSING HOME.  ALL
SUCH  DETERMINATIONS  SHALL  BE  MADE  IN  ACCORDANCE WITH SECTION EIGHT
HUNDRED FORTY-FIVE-C OF THE EXECUTIVE LAW.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02182-02-1
              

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