S T A T E O F N E W Y O R K
________________________________________________________________________
4453
2013-2014 Regular Sessions
I N A S S E M B L Y
February 5, 2013
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Introduced by M. of A. CAMARA, MILLMAN, CROUCH, GIGLIO, McDONOUGH,
ORTIZ, PEOPLES-STOKES, WEISENBERG, 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.
LBD06823-01-3
A. 4453 2
3. "NURSING HOME" SHALL MEAN A NURSING HOME AS DEFINED IN SECTION
TWENTY-EIGHT HUNDRED ONE OF THIS CHAPTER.
4. "PERMANENT RECORD" SHALL MEAN A PERMANENT, WRITTEN RECORD OF A
DETERMINATION AND THE CRIMINAL HISTORY INFORMATION MAINTAINED BY THE
DEPARTMENT FOR A PERIOD NOT TO EXCEED TEN YEARS.
5. "PROSPECTIVE RESIDENT" SHALL MEAN ANY INDIVIDUAL, NOT CURRENTLY A
RESIDENT, WHO FILES AN APPLICATION FOR RESIDENCE IN A NURSING HOME AND
THE NURSING HOME HAS A REASONABLE EXPECTATION TO ACCEPT SUCH INDIVIDUAL
AS A RESIDENT.
S 2899-C. REQUESTS FOR CRIMINAL HISTORY INFORMATION CONCERNING
PROSPECTIVE RESIDENTS. 1. A NURSING HOME SHALL REQUEST THAT THE DEPART-
MENT CHECK, AND UPON SUCH REQUEST THE DEPARTMENT SHALL CHECK ITS PERMA-
NENT RECORD ACCORDING TO THIS SECTION FOR A DETERMINATION ON A PROSPEC-
TIVE RESIDENT. IF A PERMANENT RECORD DOES NOT EXIST FOR THE PROSPECTIVE
RESIDENT, THE DEPARTMENT SHALL BE AUTHORIZED TO REQUEST AND RECEIVE
CRIMINAL HISTORY INFORMATION CONCERNING THE PROSPECTIVE RESIDENT FROM
THE DIVISION OF CRIMINAL JUSTICE SERVICES IN ACCORDANCE WITH THE
PROVISIONS OF SECTION EIGHT HUNDRED FORTY-FIVE-C OF THE EXECUTIVE LAW.
ACCESS TO AND THE USE OF SUCH INFORMATION SHALL BE GOVERNED BY THE
PROVISIONS OF SUCH SECTION. THE DIVISION OF CRIMINAL JUSTICE SERVICES IS
AUTHORIZED TO SUBMIT FINGERPRINTS TO THE FEDERAL BUREAU OF INVESTIGATION
FOR A NATIONAL CRIMINAL HISTORY RECORD CHECK.
2. TO THE EXTENT PERMITTED BY LAW, A NURSING HOME SHALL REQUEST AND
RECEIVE FROM A PROSPECTIVE RESIDENT A SWORN STATEMENT DISCLOSING ANY
PRIOR FINDING AS A SEX OFFENDER, AS DEFINED IN SECTION ONE HUNDRED
SIXTY-EIGHT-A OF THE CORRECTION LAW, OR ANY CRIMINAL CONVICTION THE
SENTENCE FOR WHICH EXPIRED WITHIN THE PREVIOUS FIVE YEARS. NURSING HOMES
SHALL EVALUATE SUCH STATEMENTS IN ALL RESIDENCE DECISIONS, INCLUDING ANY
TEMPORARY APPROVALS ALLOWED UNDER SECTION EIGHT HUNDRED FORTY-FIVE-C OF
THE EXECUTIVE LAW AND THE PROVISIONS OF THIS SECTION. THE FAILURE OR
REFUSAL OF ANY PROSPECTIVE RESIDENT TO PROVIDE ANY CONSENT, INFORMATION
OR FINGERPRINTS NECESSARY FOR A DETERMINATION OF SUCH PROSPECTIVE RESI-
DENT'S CRIMINAL HISTORY SHALL RESULT IN THE DENIAL OF ELIGIBILITY FOR
RESIDENCE AT THE NURSING HOME.
3. NO PERSON WHO HAS BEEN FINGERPRINTED PURSUANT TO THIS ARTICLE AND
WHOSE FINGERPRINTS REMAIN ON FILE WITH THE DIVISION OF CRIMINAL JUSTICE
SERVICES SHALL BE REQUIRED TO UNDERGO FINGERPRINTING FOR PURPOSES OF A
NEW STATE CHECK REQUIRED BY THIS ARTICLE.
4. THE COMMISSIONER SHALL PROMULGATE ALL RULES AND REGULATIONS NECES-
SARY TO IMPLEMENT THE PROVISIONS OF THIS ARTICLE, WHICH SHALL INCLUDE
CONVENIENT PROCEDURES FOR PROSPECTIVE RESIDENTS TO VERIFY THE ACCURACY
OF THEIR CRIMINAL HISTORY INFORMATION AND, TO THE EXTENT AUTHORIZED BY
LAW, TO HAVE ACCESS TO RELEVANT DOCUMENTS RELATED THERETO.
5. THE DEPARTMENT MAY ACCEPT DIGITAL FINGERPRINT IMAGES OR ANY OTHER
ACCEPTABLE TECHNOLOGICAL DEVICES USED TO OBTAIN AND/OR TRANSMIT FINGER-
PRINT IMAGES FOR THE PURPOSES OF THIS ARTICLE, AS PROVIDED FOR IN THE
RULES AND REGULATIONS ESTABLISHED BY THE COMMISSIONER PURSUANT TO SUBDI-
VISION FOUR OF THIS SECTION. TO THE EXTENT FUNDS ARE AVAILABLE THEREFOR,
GRANTS TO ASSIST AND FACILITATE THE PURCHASE OF TECHNOLOGY SHALL BE
AVAILABLE TO NURSING HOMES WHICH DEMONSTRATE THE NEED FOR FINANCIAL
ASSISTANCE AS DETERMINED BY THE DEPARTMENT.
6. THE DEPARTMENT PROMPTLY SHALL MAKE ALL DETERMINATIONS AND ACTIONS
REQUIRED BY SECTION EIGHT HUNDRED FORTY-FIVE-C OF THE EXECUTIVE LAW UPON
RECEIPT OF THE INFORMATION FROM THE DIVISION OF CRIMINAL JUSTICE
SERVICES AND THE FEDERAL BUREAU OF INVESTIGATION. THE DEPARTMENT SHALL
CREATE A PERMANENT RECORD, UPDATE THE INFORMATION IN ACCORDANCE WITH
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SECTION EIGHT HUNDRED FORTY-FIVE-C OF THE EXECUTIVE LAW AND MAKE SUCH
RECORDS AVAILABLE TO NURSING HOMES PURSUANT TO THIS SECTION.
7. THE DEPARTMENT SHALL ALLOW ALL NURSING HOMES ACCESS TO ANY DETERMI-
NATION MADE UPON A PROSPECTIVE RESIDENT AT SUCH TIME AS SUCH PROSPECTIVE
RESIDENT PRESENTS HIMSELF OR HERSELF TO SUCH NURSING HOME FOR RESIDENCE.
IN THE EVENT THAT THE PROSPECTIVE RESIDENT HAS A PERMANENT RECORD
ALREADY ON FILE WITH THE DEPARTMENT, THIS INFORMATION PROMPTLY SHALL BE
MADE AVAILABLE TO THE NURSING HOME WHICH MAY PROVIDE RESIDENCE TO SUCH
PROSPECTIVE RESIDENT.
8. THE APPLICATION FEE FOR RESIDENCE IN A NURSING HOME SHALL INCLUDE
AN ADDITIONAL SUM OF MONEY SUFFICIENT TO PAY FOR THE PROJECTED COST OF
THE FEE ESTABLISHED BY LAW BY THE DIVISION OF CRIMINAL JUSTICE SERVICES
FOR PROCESSING A CRIMINAL HISTORY INFORMATION CHECK, THE FEE IMPOSED BY
THE FEDERAL BUREAU OF INVESTIGATION FOR A NATIONAL CRIMINAL HISTORY
CHECK, AND COSTS ASSOCIATED WITH OBTAINING FINGERPRINTS.
S 2. The executive law is amended by adding a new section 845-c to
read as follows:
S 845-C. REQUESTS FOR CRIMINAL HISTORY INFORMATION; PROSPECTIVE NURS-
ING HOME RESIDENTS. 1. AS USED IN THIS SECTION:
(A) "AUTHORIZED PERSON" MEANS THE ONE INDIVIDUAL DESIGNATED BY A
PROVIDER WHO IS AUTHORIZED TO REQUEST, RECEIVE AND REVIEW CRIMINAL
HISTORY INFORMATION PURSUANT TO THIS SECTION, EXCEPT THAT WHERE THE
NUMBER OF APPLICATIONS RECEIVED BY A PROVIDER IS SO GREAT THAT ONE
PERSON CANNOT REASONABLY PERFORM THE FUNCTIONS OF THE AUTHORIZED PERSON,
A PROVIDER MAY DESIGNATE ONE OR MORE ADDITIONAL PERSONS TO SERVE AS
AUTHORIZED PERSONS PURSUANT TO THIS SECTION.
(B) "CRIMINAL HISTORY INFORMATION" MEANS A RECORD OF PENDING CRIMINAL
CHARGES, CRIMINAL CONVICTIONS WHICH ARE NOT VACATED OR REVERSED, AND
CERTIFICATES FILED PURSUANT TO SUBDIVISION TWO OF SECTION SEVEN HUNDRED
FIVE OF THE CORRECTION LAW, AND WHICH THE DIVISION IS AUTHORIZED TO
MAINTAIN PURSUANT TO SUBDIVISION SIX OF SECTION EIGHT HUNDRED
THIRTY-SEVEN OF THIS ARTICLE. FOR THE PURPOSES OF CRIMINAL HISTORY
INFORMATION CHECKS AUTHORIZED PURSUANT TO ARTICLE TWENTY-EIGHT-E OF THE
PUBLIC HEALTH LAW, CRIMINAL HISTORY INFORMATION SHALL ALSO INCLUDE
INFORMATION FROM THE FEDERAL BUREAU OF INVESTIGATION AS A RESULT OF A
NATIONAL CRIMINAL HISTORY RECORD CHECK.
(C) "NURSING HOME" MEANS A NURSING HOME AS DEFINED IN SECTION TWENTY-
EIGHT HUNDRED ONE OF THE PUBLIC HEALTH LAW.
(D) "PROSPECTIVE RESIDENT" MEANS ANY INDIVIDUAL, NOT CURRENTLY A RESI-
DENT, WHO FILES AN APPLICATION FOR RESIDENCE IN A NURSING HOME AND THE
NURSING HOME HAS A REASONABLE EXPECTATION TO ACCEPT SUCH INDIVIDUAL AS A
RESIDENT.
2. WHERE A NURSING HOME IS REQUIRED TO REQUEST A CHECK OF CRIMINAL
HISTORY INFORMATION BY THE DEPARTMENT OF HEALTH PURSUANT TO ARTICLE
TWENTY-EIGHT-F OF THE PUBLIC HEALTH LAW, SUCH NURSING HOME SHALL PROCEED
PURSUANT TO THE PROVISIONS OF THIS SECTION AND IN A MANNER CONSISTENT
WITH THE PROVISIONS OF ARTICLE TWENTY-THREE-A OF THE CORRECTION LAW,
SUBDIVISIONS FIFTEEN AND SIXTEEN OF SECTION TWO HUNDRED NINETY-SIX OF
THIS CHAPTER AND ALL OTHER APPLICABLE LAWS.
3. (A) A NURSING HOME REQUIRED TO REQUEST A CHECK OF CRIMINAL HISTORY
INFORMATION PURSUANT TO SUBDIVISION TWO OF THIS SECTION SHALL DESIGNATE
ONE AUTHORIZED PERSON WHO SHALL REQUEST A CHECK OF CRIMINAL HISTORY
INFORMATION ON BEHALF OF SUCH NURSING HOME PURSUANT TO THIS SECTION AND
REVIEW THE RESULTS OF SUCH CHECK. ONLY SUCH AUTHORIZED PERSON OR HIS OR
HER DESIGNEE AND THE PROSPECTIVE RESIDENT TO WHOM SUCH CRIMINAL HISTORY
INFORMATION RELATES SHALL HAVE ACCESS TO SUCH INFORMATION; PROVIDED,
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HOWEVER, THAT CRIMINAL HISTORY INFORMATION RECEIVED BY A NURSING HOME
MAY BE DISCLOSED TO OTHER PERSONS WHO ARE DIRECTLY PARTICIPATING IN ANY
DECISION IN REGARD TO SUCH PROSPECTIVE RESIDENT; AND PROVIDED, FURTHER,
THAT SUCH OTHER PERSONS SHALL ALSO BE SUBJECT TO THE CONFIDENTIALITY
REQUIREMENTS AND ALL OTHER PROVISIONS OF THIS SECTION. IN THE CASE OF
REQUESTS MADE PURSUANT TO ARTICLE TWENTY-EIGHT-F OF THE PUBLIC HEALTH
LAW, ONLY INFORMATION AUTHORIZED FOR DISCLOSURE UNDER APPLICABLE FEDERAL
LAWS SHALL BE TRANSMITTED TO THE NURSING HOME. EACH NURSING HOME SHALL
SPECIFICALLY IDENTIFY TO THE DEPARTMENT OF HEALTH IN WRITING, IN ADVANCE
OF DISCLOSURE, THE AUTHORIZED PERSON AND EACH OTHER SUCH AGENT OR
EMPLOYEE OF THE NURSING HOME WHO IS AUTHORIZED TO HAVE ACCESS TO THE
RESULTS OF A CHECK OF CRIMINAL HISTORY INFORMATION PURSUANT TO THIS
SECTION. ANY PERSON WHO WILLFULLY PERMITS THE RELEASE OF ANY CONFIDEN-
TIAL CRIMINAL HISTORY INFORMATION CONTAINED IN THE REPORT TO PERSONS NOT
PERMITTED BY THIS SECTION TO RECEIVE SUCH INFORMATION SHALL BE GUILTY OF
A MISDEMEANOR.
(B) A NURSING HOME REQUESTING A CHECK OF CRIMINAL HISTORY INFORMATION
PURSUANT TO THIS SECTION SHALL DO SO BY COMPLETING A FORM ESTABLISHED
FOR SUCH PURPOSE BY THE DEPARTMENT OF HEALTH IN CONSULTATION WITH THE
DIVISION. SUCH FORM SHALL INCLUDE A SWORN STATEMENT OF THE AUTHORIZED
PERSON CERTIFYING THAT:
(I) THE PERSON FOR WHOSE CRIMINAL HISTORY INFORMATION A CHECK IS
REQUESTED IS A PROSPECTIVE RESIDENT FOR WHOM CRIMINAL HISTORY INFORMA-
TION IS AVAILABLE BY LAW;
(II) THE RESULTS OF SUCH CRIMINAL HISTORY INFORMATION CHECK WILL BE
USED BY THE NURSING HOME SOLELY FOR PURPOSES AUTHORIZED BY LAW; AND
(III) THE NURSING HOME AND ITS AGENTS AND EMPLOYEES ARE AWARE OF AND
WILL ABIDE BY THE CONFIDENTIALITY REQUIREMENTS AND ALL OTHER PROVISIONS
OF THIS ARTICLE.
(C) A NURSING HOME REQUIRED TO REQUEST A CRIMINAL HISTORY INFORMATION
CHECK PURSUANT TO THIS SECTION SHALL INQUIRE OF A PROSPECTIVE RESIDENT
IN THE MANNER AUTHORIZED BY SUBDIVISION SIXTEEN OF SECTION TWO HUNDRED
NINETY-SIX OF THIS CHAPTER. PRIOR TO REQUESTING SUCH INFORMATION, A
NURSING HOME SHALL:
(I) INFORM THE PROSPECTIVE RESIDENT IN WRITING THAT THE NURSING HOME
IS REQUIRED TO REQUEST A CHECK OF HIS OR HER CRIMINAL HISTORY INFORMA-
TION AND REVIEW THE RESULTS OF SUCH CHECK PURSUANT TO THIS SECTION;
(II) INFORM THE PROSPECTIVE RESIDENT THAT HE OR SHE HAS THE RIGHT TO
OBTAIN, REVIEW AND SEEK CORRECTION OF HIS OR HER CRIMINAL HISTORY INFOR-
MATION UNDER REGULATIONS AND PROCEDURES ESTABLISHED BY THE DIVISION;
(III) OBTAIN THE SIGNED, INFORMED CONSENT OF THE PROSPECTIVE RESIDENT
ON A FORM SUPPLIED BY THE DEPARTMENT OF HEALTH WHICH INDICATES THAT SUCH
PROSPECTIVE RESIDENT HAS:
(A) BEEN INFORMED OF THE RIGHT AND PROCEDURES NECESSARY TO OBTAIN,
REVIEW AND SEEK CORRECTION OF HIS OR HER CRIMINAL HISTORY INFORMATION;
(B) BEEN INFORMED OF THE REASON FOR THE REQUEST FOR HIS OR HER CRIMI-
NAL HISTORY INFORMATION;
(C) CONSENTED TO SUCH REQUEST FOR A REPORT; AND
(D) SUPPLIED ON THE FORM A CURRENT MAILING OR HOME ADDRESS.
UPON RECEIVING SUCH WRITTEN CONSENT, THE NURSING HOME SHALL RECEIVE OR
OBTAIN TWO SETS OF FINGERPRINTS OF SUCH PROSPECTIVE RESIDENT PURSUANT TO
SUCH REGULATIONS AS MAY BE NECESSARY TO BE ESTABLISHED BY THE DEPARTMENT
OF HEALTH IN CONSULTATION WITH THE DIVISION, AND PROMPTLY TRANSMIT THEM
TO SUCH DEPARTMENT.
(D) A PROSPECTIVE RESIDENT MAY WITHDRAW HIS OR HER APPLICATION FOR
RESIDENCE PURSUANT TO THIS SECTION, WITHOUT PREJUDICE, AT ANY TIME
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BEFORE RESIDENCE IS PROVIDED, REGARDLESS OF WHETHER THE PROSPECTIVE
RESIDENT OR NURSING HOME HAS REVIEWED SUCH PROSPECTIVE RESIDENT'S CRIMI-
NAL HISTORY INFORMATION.
4. (A) THE DEPARTMENT OF HEALTH SHALL PAY THE PROCESSING FEE IMPOSED
PURSUANT TO SUBDIVISION EIGHT-A OF SECTION EIGHT HUNDRED THIRTY-SEVEN OF
THIS ARTICLE, AND ANY FEE IMPOSED BY THE FEDERAL BUREAU OF INVESTI-
GATION, AND SHALL PROMPTLY SUBMIT THE FINGERPRINTS AND THE PROCESSING
FEE TO THE DIVISION FOR ITS FULL SEARCH AND RETAIN PROCESSING, AND THE
DIVISION SHALL IMMEDIATELY FORWARD THE FINGERPRINTS TO THE FEDERAL
BUREAU OF INVESTIGATION FOR A NATIONAL CRIMINAL HISTORY RECORD CHECK.
THE DEPARTMENT OF HEALTH SHALL CHARGE A NURSING HOME A FEE, PAYABLE FROM
THE APPLICATION FEE OF THE APPROPRIATE PROSPECTIVE RESIDENT, EQUAL TO
THE FEE ESTABLISHED BY LAW BY THE DIVISION FOR PROCESSING A CRIMINAL
HISTORY INFORMATION CHECK AND THE FEE IMPOSED BY THE FEDERAL BUREAU OF
INVESTIGATION FOR A NATIONAL CRIMINAL HISTORY CHECK.
(B) THE DIVISION SHALL PROVIDE REQUESTED STATE CRIMINAL HISTORY INFOR-
MATION TO THE DEPARTMENT OF HEALTH, WHICH IS ALSO AUTHORIZED ALSO TO
RECEIVE CRIMINAL HISTORY INFORMATION FROM THE FEDERAL BUREAU OF INVESTI-
GATION, WITHIN THIRTY DAYS OF THE RECEIPT OF A REQUEST PURSUANT TO THIS
SECTION IF SUCH REQUEST IS:
(I) MADE PURSUANT TO A REQUEST BY AN AUTHORIZED PERSON ON BEHALF OF A
NURSING HOME AUTHORIZED TO MAKE SUCH A REQUEST PURSUANT TO SUBDIVISION
TWO OF THIS SECTION;
(II) ACCOMPANIED BY THE COMPLETED FORM DESCRIBED IN THIS SECTION; AND
(III) ACCOMPANIED BY FINGERPRINTS OF THE PROSPECTIVE RESIDENT OBTAINED
PURSUANT TO THIS SECTION.
(C) THE DIVISION SHALL PROMPTLY FORWARD A SET OF THE PROSPECTIVE RESI-
DENT'S FINGERPRINTS TO THE FEDERAL BUREAU OF INVESTIGATION FOR THE
PURPOSE OF A NATIONWIDE CRIMINAL HISTORY RECORD CHECK TO DETERMINE
WHETHER SUCH APPLICANT HAS BEEN CONVICTED OF A CRIMINAL OFFENSE IN ANY
STATE OR FEDERAL JURISDICTION. THE DIVISION SHALL FORWARD THE RESULTS OF
SUCH NATIONWIDE SEARCH TO THE DEPARTMENT OF HEALTH IN THE SAME FORM AND
MANNER AS THE CRIMINAL HISTORY REPORT CREATED AND PROVIDED BY THE DIVI-
SION PURSUANT TO THIS SECTION.
(D) CRIMINAL HISTORY INFORMATION PROVIDED BY THE DIVISION PURSUANT TO
THIS SECTION SHALL BE FURNISHED ONLY BY CERTIFIED MAIL OR HAND DELIVERY,
ADDRESSED TO THE DEPARTMENT OF HEALTH. SUCH INFORMATION AND THE ENVELOPE
IN WHICH IT IS ENCLOSED, IF ANY, SHALL BE PROMINENTLY MARKED "CONFIDEN-
TIAL", AND SHALL AT ALL TIMES BE MAINTAINED BY THE DEPARTMENT OF HEALTH
IN A SECURE PLACE.
5. AFTER REVIEWING ANY CRIMINAL HISTORY INFORMATION PROVIDED BY THE
DIVISION CONCERNING A SUBJECT INDIVIDUAL, THE DEPARTMENT OF HEALTH SHALL
TAKE THE FOLLOWING ACTIONS:
(A) WHERE THE CRIMINAL HISTORY INFORMATION CONCERNING A PROSPECTIVE
RESIDENT REVEALS A CONVICTION AT ANY TIME FOR A SEX OFFENSE DEFINED IN
SUBDIVISION TWO OR THREE OF SECTION ONE HUNDRED SIXTY-EIGHT-A OF THE
CORRECTION LAW, UNLESS THE DEPARTMENT OF HEALTH DETERMINES, IN ITS
DISCRETION, THAT APPROVAL OF THE APPLICATION WILL NOT IN ANY WAY JEOP-
ARDIZE THE HEALTH, SAFETY OR WELFARE OF THE RESIDENTS AND STAFF OF THE
NURSING HOME.
(B) WHERE THE CRIMINAL HISTORY INFORMATION CONCERNING A PROSPECTIVE
RESIDENT REVEALS A CONVICTION FOR A CRIME OTHER THAN ONE SET FORTH IN
PARAGRAPH (A) OF THIS SUBDIVISION, AND THE SENTENCE FOR SUCH CRIME WAS
COMPLETED LESS THAN FIVE YEARS PRIOR TO THE APPLICATION, THE DEPARTMENT
OF HEALTH SHALL INFORM THE NURSING HOME OF SUCH CONVICTION, UNLESS THE
DEPARTMENT OF HEALTH DETERMINES, IN ITS DISCRETION, THAT APPROVAL OF THE
A. 4453 6
APPLICATION WILL NOT IN ANY WAY JEOPARDIZE THE HEALTH, SAFETY OR WELFARE
OF THE RESIDENTS AND STAFF OF THE NURSING HOME.
(C) WHERE THE CRIMINAL HISTORY INFORMATION CONCERNING A PROSPECTIVE
RESIDENT REVEALS A CONVICTION FOR A CRIME OTHER THAN ONE SET FOR IN
PARAGRAPH (A) OR (B) OF THIS SUBDIVISION, THE DEPARTMENT OF HEALTH SHALL
NOT DISCLOSE SUCH INFORMATION TO THE NURSING HOME.
(D) WHERE THE DEPARTMENT OF HEALTH PROVIDES CRIMINAL HISTORY INFORMA-
TION CONCERNING A PROSPECTIVE RESIDENT TO A NURSING HOME, THE NURSING
HOME SHALL NOTIFY THE PROSPECTIVE RESIDENT OF ITS RECEIPT OF SUCH INFOR-
MATION.
6. ANY CRIMINAL HISTORY INFORMATION PROVIDED BY THE DIVISION, AND ANY
SUMMARY OF THE CRIMINAL HISTORY INFORMATION PROVIDED BY THE DEPARTMENT
OF HEALTH TO A NURSING HOME PURSUANT TO THIS SECTION IS CONFIDENTIAL AND
SHALL NOT BE AVAILABLE FOR PUBLIC INSPECTION. THE SUBJECT OF THE CRIMI-
NAL HISTORY INFORMATION CHECK CONDUCTED PURSUANT TO THIS SECTION SHALL
BE ENTITLED TO RECEIVE, UPON WRITTEN REQUEST, A COPY OF THE SUMMARY OF
THE CRIMINAL HISTORY INFORMATION PROVIDED BY THE DEPARTMENT OF HEALTH TO
THE NURSING HOME.
7. PROVIDED THAT THE DEPARTMENT OF HEALTH OR A NURSING HOME REASONABLY
AND IN GOOD FAITH COMPLIES WITH THE PROVISIONS OF THIS SECTION, THERE
SHALL BE NO CRIMINAL OR CIVIL LIABILITY ON THE PART OF AND NO CAUSE OF
ACTION FOR DAMAGES SHALL ACCRUE AGAINST THE DEPARTMENT OF HEALTH, ANY
NURSING HOME OR EMPLOYEE THEREOF ON ACCOUNT OF, ARISING OUT OF OR RELAT-
ING TO CRIMINAL HISTORY INFORMATION PURSUANT TO THIS SECTION, OR ANY ACT
OR OMISSION RELATING TO CRIMINAL HISTORY INFORMATION PURSUANT TO THIS
SECTION.
8. FINGERPRINTS RECEIVED BY THE DIVISION PURSUANT TO THIS SECTION
SHALL BE USED ONLY TO ASSIST THE DIVISION IN PROVIDING CRIMINAL HISTORY
INFORMATION TO THE DEPARTMENT OF HEALTH UNDER THIS SECTION.
9. THE DEPARTMENT OF HEALTH IN CONSULTATION WITH THE COMMISSIONER
SHALL PROMULGATE ANY RULES AND REGULATIONS NECESSARY TO IMPLEMENT THE
PROVISIONS OF THIS SECTION, WHICH SHALL INCLUDE CONVENIENT PROCEDURES
FOR PERSONS TO PROMPTLY VERIFY THE ACCURACY OF THEIR CRIMINAL HISTORY
INFORMATION AND, TO THE EXTENT AUTHORIZED BY LAW, TO HAVE ACCESS TO
RELEVANT DOCUMENTS RELATED THERETO.
S 3. This act shall take effect on the first of September next
succeeding the date on which it shall have become a law.