senate Bill S3782
(R, C, IP) 43rd Senate District
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
Requires adult homes and assisted living residences to perform criminal background checks of their employees and prospective employees; enables certain adult homes and assisted living residences to collect certain fees for background checks of their employees and prospective employees.
TITLE OF BILL: An act to amend the public health law, in relation to
requiring adult homes and assisted living residences to perform
criminal background checks of their employees and prospective
employees and to enable certain adult homes and assisted living
residences to collect certain fees in connection with such background
checks of employees and prospective employees
PURPOSE: To protect the residents of facilities who care for those
most vulnerable, from sex offenders and violent criminals by ensuring
that these facilities perform criminal background checks of their
Section 1 amends Subdivision 6 of section 2899 of the Public Health
Law, as amended by chapter 331 of the Laws of 2006 to include assisted
living residences licensed in article 46(b) of this chapter, assisted
living programs pursuant to Section 461(1) of the Social Services Law,
continuing care retirement communities pursuant to article 46 of this
chapter and any residential services for persons that are provided a
license under article sixteen, nineteen, thirty-one, thirty-two of the
Mental Hygiene Law or other residential services primarily under the
jurisdiction of the office for mental health to the definition of
Section 2 amends Subdivision 11 of section 2899 of the Public Health
Law, as amended by chapter 331 of the laws of 2006 to provide that
non-Medicaid-enrolled providers may seek reimbursement of the actual
cost incurred by the provider of a background check from an employee
or prospective employee.
JUSTIFICATION:, Currently, certified nursing homes, home health care
agencies and long-term home health care agencies are required to
perform criminal background checks on prospective employees. The
Department of Health reimburses these facilities for the cost of the
background check. There is no such provision for licensed assisted
living residences, continuing care retirement communities, residential
services for the mentally or developmentally disabled, or residential
services for persons recovering from alcoholism or substance abuse.
The residents of these facilities are among the most vulnerable in our
population and depend on these residential facilities for their very
existence. This was brought to light in January of 2013 when a 91
year old woman at the Loudonhill Home for Adults was allegedly
sexually abused by a maintenance man employed at the adult home
facility since 2008. This employee was previously convicted in 1984 of
first-degree rape, sodomy and attempted sexual abuse and served 16
years in prison for victimizing a woman in Saratoga County. Had this
facility performed a criminal background check, this man would never
have been hired and a 91 year old would not have been victimized.
Furthermore, it is not enough to only check New York's Sex Offender
Registry or the National Sex Offender Registry, as those registries
report only level two and level three sex offenders. It does not
account for level one sex offenders or people that have been convicted
of other violent crimes. A full criminal background check is the most
comprehensive employment screen necessary to protect those most
vulnerable and placed in the care of others. While the Department of
Health reimburses the facilities currently required to perform a
criminal background check on its employees, the Department of Health
will only reimburse the facilities added by this bill, if they are a
Medicaid- enrolled provider. Those residential facilities which are
not Medicaid -enrolled, may request reimbursement from the employee or
LEGISLATIVE HISTORY: New bill.
FISCAL IMPACT: To be determined.
EFFECTIVE DATE: This act shall take effect on the ninetieth day after
it shall have become a law.
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