senate Bill S3782

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 Committee


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

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to health
Feb 15, 2013 referred to health

Co-Sponsors

S3782 - Bill Details

See Assembly Version of this Bill:
A8177
Current Committee:
Law Section:
Public Health Law
Laws Affected:
Amd ยงยง2899 & 2899-a, Pub Health L

S3782 - Bill Texts

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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.

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BILL NUMBER:S3782

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
employees.

SUMMARY:

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
"Provider."

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
prospective employee.

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

                                  3782

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 15, 2013
                               ___________

Introduced by Sen. 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, 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

S. 3782                             2

form  for  the  payment of the fee or any facility costs associated with
obtaining the criminal history information check required by this  arti-
cle;  PROVIDED, HOWEVER, THAT A PROVIDER THAT IS NOT A MEDICAID-ENROLLED
PROVIDER  MAY  SEEK  REIMBURSEMENT  OF  THE  ACTUAL COST INCURRED BY THE
PROVIDER OF A BACKGROUND CHECK FROM AN EMPLOYEE OR PROSPECTIVE EMPLOYEE.
  S 3. This act shall take effect on the ninetieth day  after  it  shall
have become a law.

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