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Assembly Bill A8177

2013-2014 Legislative Session

Requires adult homes and assisted living residences to perform criminal background checks of employees; enables certain adult homes and assisted living residences to collect certain fees for background checks

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Archive: Last Bill Status - In Assembly Committee

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2013-A8177 (ACTIVE) - Details

See Senate Version of this Bill:
S3782
Current Committee:
Assembly Health
Law Section:
Public Health Law
Laws Affected:
Amd ยงยง2899 & 2899-a, Pub Health L

2013-A8177 (ACTIVE) - Summary

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.

2013-A8177 (ACTIVE) - Bill Text download pdf 

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

                                  8177

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                           September 18, 2013
                               ___________

Introduced  by M. of A. TEDISCO -- read once and referred to the Commit-
  tee on Health

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

  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;
ANY ASSISTED LIVING RESIDENCE LICENSED UNDER ARTICLE FORTY-SIX-B OF THIS
CHAPTER;  ANY ASSISTED LIVING PROGRAMS APPROVED BY THE DEPARTMENT PURSU-
ANT TO SECTION FOUR HUNDRED SIXTY-ONE-1 OF THE SOCIAL SERVICES LAW;  ANY
CONTINUING  CARE  RETIREMENT  COMMUNITIES WHICH POSSESS A CERTIFICATE OF
AUTHORITY PURSUANT TO ARTICLE FORTY-SIX OF THIS CHAPTER; OR ANY RESIDEN-
TIAL SERVICES FOR PERSONS THAT ARE PROVIDED UNDER A LICENSE PURSUANT  TO
ARTICLE  SIXTEEN,  NINETEEN,  THIRTY-ONE  OR  THIRTY-TWO  OF  THE MENTAL
HYGIENE LAW OR OTHER RESIDENTIAL SERVICES PRIMARILY FUNDED BY OR  PRIMA-
RILY UNDER THE JURISDICTION OF THE OFFICE FOR MENTAL HEALTH.
  S  2.    Subdivision 11 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:
  11.  No  provider shall seek, directly or indirectly, to obtain from a
prospective employee, temporary employee or employee compensation in any

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08378-01-3

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