Senate Bill S5747

2023-2024 Legislative Session

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

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Health 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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2023-S5747 (ACTIVE) - Details

Current Committee:
Senate Health
Law Section:
Public Health Law
Laws Affected:
Add Art 28-F §§2899-b & 2899-c, Pub Health L; add §845-e, Exec L
Versions Introduced in Other Legislative Sessions:
2009-2010: S1623
2011-2012: S1123
2013-2014: S3086
2015-2016: S1929
2017-2018: S2287
2019-2020: S4428
2021-2022: S4757

2023-S5747 (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 prospective resident has a prior sex offense conviction or a recent completion of the sentence for a criminal conviction; requires in any such case information on such conviction shall be disclosed to the nursing home.

2023-S5747 (ACTIVE) - Sponsor Memo

2023-S5747 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5747
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              March 15, 2023
                                ___________
 
 Introduced  by  Sen.  PARKER -- 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 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.
   § 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-E OF THE EXECUTIVE LAW.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07433-01-3
 S. 5747                             2
              

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