senate Bill S4926

Amended

Requires the review of the criminal history of prospective employees of adult homes, enriched housing programs or residences for adults; relates to the effectiveness

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 01 / May / 2013
    • REFERRED TO HEALTH
  • 21 / May / 2013
    • REPORTED AND COMMITTED TO FINANCE
  • 11 / Jun / 2013
    • REPORTED AND COMMITTED TO RULES
  • 11 / Jun / 2013
    • ORDERED TO THIRD READING CAL.1287
  • 12 / Jun / 2013
    • PASSED SENATE
  • 12 / Jun / 2013
    • DELIVERED TO ASSEMBLY
  • 12 / Jun / 2013
    • REFERRED TO HEALTH
  • 08 / Jan / 2014
    • DIED IN ASSEMBLY
  • 08 / Jan / 2014
    • RETURNED TO SENATE
  • 08 / Jan / 2014
    • REFERRED TO HEALTH
  • 14 / Jan / 2014
    • REPORTED WITH AMENDMENTS AND COMMITTED TO FINANCE
  • 14 / Jan / 2014
    • PRINT NUMBER 4926A
  • 09 / Jun / 2014
    • AMEND (T) AND RECOMMIT TO FINANCE
  • 09 / Jun / 2014
    • PRINT NUMBER 4926B
  • 11 / Jun / 2014
    • AMEND (T) AND RECOMMIT TO FINANCE
  • 11 / Jun / 2014
    • PRINT NUMBER 4926C
  • 20 / Jun / 2014
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 20 / Jun / 2014
    • ORDERED TO THIRD READING CAL.1664
  • 20 / Jun / 2014
    • SUBSTITUTED BY A5476D

Summary

Requires the review of the criminal history of prospective employees of adult homes, enriched housing programs or residences for adults; extends effectiveness.

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Bill Details

See Assembly Version of this Bill:
A5476A
Versions:
S4926
S4926A
S4926B
S4926C
Legislative Cycle:
2013-2014
Law Section:
Public Health Law
Laws Affected:
Amd Part A §38, Chap 60 of 2014; amd §§2899-a & 2899, Pub Health L; amd §461-t, Soc Serv L
Versions Introduced in 2013-2014 Legislative Cycle:
A5476

Sponsor Memo

BILL NUMBER:S4926

TITLE OF BILL: An act to amend the public health law and the social
services law, in relation to requiring the review of the criminal
history of prospective employees of adult care facilities

PURPOSE: This bill would require all adult care facilities and
assisted living residences to conduct criminal background checks on
all prospective direct care staff through the existing Department of
Health system utilized for prospective employees of nursing homes and
home care agencies.

SUMMARY OF PROVISIONS:

Section 1 amends Public Health Law § 2899(6) to add adult care
facilities to the definition and list of providers required to conduct
criminal background checks on prospective direct care staff under
Article 28-E.

Section 2 amends Public Health Law § 2899(9)(a) to add adult care
facilities to the list of entities eligible for reimbursement for the
cost of conducting criminal background checks on prospective direct
care employees.

Section 3 adds a new section 461-t to the Social Services Law to
require every adult care facility to conduct a criminal history record
check of prospective direct care employees utilizing the procedures
and standards set forth in article 28-E of the public health law.

Section 4 provides for an effective date of ninety days after becoming
law, and the Department of Health would be authorized and directed to
promulgate, amend and/or repeal, on an emergency basis, any rules and
regulations necessary to implement the provisions of this act.

EXISTING LAW: There is no current statutory requirement for adult
care facilities to conduct criminal background checks on prospective
direct care employees. Article 28-E of the Public Health Law currently
requires nursing homes and home care agencies to conduct-criminal
background checks on prospective direct care employees.

JUSTIFICATION: While many adult care facilities and assisted living
residences voluntarily conduct criminal background checks on their
prospective employees, there is no statutory requirement or uniform
process for them to do so. In 2005, Article 28-E of the Public Health
Law was enacted to create such a statutory requirement and uniform
process within the Department of Health for prospective employees of
nursing homes and home care agencies (L.2005, ch.769). This bill would
amend Article 28-E to: (1) ensure that all adult care facilities and
assisted living residences conduct criminal background checks on
prospective direct care employees; and (2) allow all such facilities
to utilize the uniform and comprehensive criminal background check
process already in place at the Depart rent of Health.

Pursuant to Article 28-E and Department regulations, criminal
background checks are conducted on all employees who have "physical
access to a resident's living quarters ... or provide face-to-face
care." The criminal background checks are run through both the


Division of Criminal Justice Services (DCJS) and the Federal Bureau of
Investigation (FBI). Based on the results of the background check, the
Department of Health then makes a determination as to whether the
individual should be hired in a direct care position. In addition, the
Department of Health maintains a permanent record for the individual,
so that he or she does not need to undergo another background check
upon a future change in employment. The bill will allow adult care
facilities and assisted living residences to utilize this
comprehensive, cost-effective criminal background check system already
in place at the Department of Health, and help ensure the health and
safety of the senior residents of such facilities.

LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: Nominal.

EFFECTIVE DATE: The act shall take effect January 1, 2014 and the
Department of Health would be authorized and directed to promulgate,
amend and/or repeal, on an emergency basis, any rules and regulations
necessary to implement the provisions of this act.

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

                                  4926

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               May 1, 2013
                               ___________

Introduced by Sens. HANNON, MARCHIONE -- read twice and ordered printed,
  and when printed to be committed to the Committee on Health

AN  ACT  to  amend the public health law and the 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:

  Section 1. Subdivision 6 of section 2899 of the public health law,  as
amended  by  chapter  331  of  the  laws  of 2006, is amended to read as
follows:
  6. "Provider" shall mean any residential health care facility licensed
under article twenty-eight of this chapter; or any certified home health
agency, licensed home care services agency or long term home health care
program certified under article thirty-six of this chapter; OR ANY ADULT
CARE FACILITY LICENSED UNDER ARTICLE SEVEN OF THE SOCIAL SERVICES LAW.
  S 2. Paragraph (a) of subdivision 9 of section 2899-a  of  the  public
health law, as amended by chapter 331 of the laws of 2006, is amended to
read as follows:
  (a)  In the event that funds are appropriated in any given fiscal year
for the reimbursement for the costs of providing such  criminal  history
information,  reimbursement  shall be made available in an equitable and
direct manner for the projected cost of the fee established pursuant  to
law by the division of criminal justice services for processing a crimi-
nal  history information check, the fee imposed by the federal bureau of
investigation for a national criminal history check, and  costs  associ-
ated  with obtaining the fingerprints to all providers licensed, but not
certified under article thirty-six of this chapter, AND ALL  ADULT  CARE
FACILITIES  LICENSED  UNDER  ARTICLE  SEVEN  OF THE SOCIAL SERVICES LAW,
including those that are subject to  this  article  and  are  unable  to
access  direct  reimbursement  from  state  and/or federal funded health
programs.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09242-03-3

S. 4926                             2

  S 3. The social services law is amended by adding a new section  461-t
to read as follows:
  S 461-T. REVIEW OF CRIMINAL HISTORY INFORMATION CONCERNING PROSPECTIVE
DIRECT  CARE EMPLOYEES. EVERY ADULT CARE FACILITY SHALL CONDUCT A CRIMI-
NAL HISTORY RECORD CHECK OF PROSPECTIVE DIRECT CARE EMPLOYEES  UTILIZING
THE  PROCEDURES AND STANDARDS SET FORTH IN ARTICLE TWENTY-EIGHT-E OF THE
PUBLIC HEALTH LAW.
  S 4. This act shall take effect on January 1,  2014.  Effective  imme-
diately,  the department of health is authorized and directed to promul-
gate, amend and/or repeal, on an emergency basis, any  rules  and  regu-
lations necessary to implement the provisions of this act.

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