senate Bill S4926C

Signed By Governor
2013-2014 Legislative Session

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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Sponsored By

Archive: Last Bill Status Via A5476 - Signed by Governor


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jul 22, 2014 signed chap.94
Jul 11, 2014 delivered to governor
Jun 20, 2014 returned to assembly
passed senate
3rd reading cal.1664
substituted for s4926c
Jun 20, 2014 substituted by a5476d
ordered to third reading cal.1664
committee discharged and committed to rules
Jun 11, 2014 print number 4926c
amend (t) and recommit to finance
Jun 09, 2014 print number 4926b
amend (t) and recommit to finance
Jan 14, 2014 print number 4926a
reported with amendments and committed to finance
Jan 08, 2014 referred to health
returned to senate
died in assembly
Jun 12, 2013 referred to health
delivered to assembly
passed senate
Jun 11, 2013 ordered to third reading cal.1287
reported and committed to rules
May 21, 2013 reported and committed to finance
May 01, 2013 referred to health

Votes

view votes

Jun 20, 2014 - Rules committee Vote

S4926C
24
0
committee
24
Aye
0
Nay
0
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show Rules committee vote details

Jan 14, 2014 - Health committee Vote

S4926
15
0
committee
15
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Jun 11, 2013 - Finance committee Vote

S4926
34
1
committee
34
Aye
1
Nay
1
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show committee vote details

Jun 11, 2013 - Rules committee Vote

S4926
24
0
committee
24
Aye
0
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

May 21, 2013 - Health committee Vote

S4926
15
0
committee
15
Aye
0
Nay
2
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Bill Amendments

Original
A
B
C (Active)
Original
A
B
C (Active)

Co-Sponsors

view additional co-sponsors

S4926 - Bill Details

See Assembly Version of this Bill:
A5476D
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 Session:
A5476

S4926 - Bill Texts

view summary

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

view 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.

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                    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.

Co-Sponsors

view additional co-sponsors

S4926A - Bill Details

See Assembly Version of this Bill:
A5476D
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 Session:
A5476

S4926A - Bill Texts

view summary

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

view sponsor memo
BILL NUMBER:S4926A

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 January 1St next
succeeding enactment.

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 Department 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, next succeeding
enactment, 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

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

                                 4926--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               May 1, 2013
                               ___________

Introduced  by  Sens. HANNON, MARCHIONE, AVELLA, GOLDEN, LARKIN, O'BRIEN
  -- read twice and ordered printed, and when printed to be committed to
  the Committee on Health -- recommitted to the Committee on  Health  in
  accordance  with Senate Rule 6, sec. 8 -- reported favorably from said
  committee with amendments and committed to the Committee on Finance

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,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09242-04-4

S. 4926--A                          2

including  those  that  are  subject  to  this article and are unable to
access direct reimbursement from  state  and/or  federal  funded  health
programs.
  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 the first of January next succeeding
the date on which it shall have become a law.    Effective  immediately,
the department of health is authorized and directed to promulgate, amend
and/or  repeal,  on an emergency basis, any rules and regulations neces-
sary to implement the provisions of this act.

Co-Sponsors

view additional co-sponsors

S4926B - Bill Details

See Assembly Version of this Bill:
A5476D
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 Session:
A5476

S4926B - Bill Texts

view summary

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

view sponsor memo
BILL NUMBER:S4926B

TITLE OF BILL: An act to amend section 38 of part A of the chapter 60
of the laws of 2014 amending the public health law, relating to adult
care facilities, in relation to the effectiveness thereof; and to amend
the public health law, in relation to criminal history checks of
prospective employees of adult care facilities

PURPOSE:

This bill would provide the Department of Health with additional time to
implement the new law requiring all adult care facilities and assisted
living residences to conduct criminal background checks on all prospec-
tive direct care staff.

SUMMARY OF PROVISIONS:

Section 1 amends section 38 of Part A of Chapter 60 of the Laws of 2014
to changes the effective date of the new criminal background check
requirement to January 1, 2015.

Section 2 amends Public Health Law § 2899-a(10) to add adult care facil-
ities to the list of entities that may temporarily approve prospective
employees while the results of a criminal history record check are pend-
ing, so long as such facilities conduct appropriate direct observation
and evaluation of those employees.

Section 3 provides for: (1) an immediate effective date for section 1 in
order to immediately change the effective date of the new criminal back-
ground check requirement to January 1, 2015; and (2) an effective date
of January 1, 2015 for section 2, so that it also takes effect on the
same date as the new criminal background check requirement.

EXISTING LAW:

Since 2005, Article 28-E of the Public Health Law has required nursing
homes and home care agencies to conduct criminal background checks on
prospective direct care employees. As part of the 2014-15 Enacted State
Budget, legislation was enacted to authorize adult care facilities to
conduct criminal background checks for the first time through the exist-
ing Department of Health system utilized for nursing homes and home care
agencies (L.2014, ch.60, Part A, sections 2224).

JUSTIFICATION:

As part of the 2014-15 Enacted State Budget, the Legislature authorized
adult care facilities and assisted living residences to utilize the
comprehensive, cost-effective criminal background check system already
in place at the Department of Health (L.2014, ch.60, Part A, sections
22-24). However, the enacted budget legislation did not provide a
specific effective date for this new requirement, and as a result, it

took effect immediately along with many of the other provisions in Part
A of Chapter 60 of the Laws of 2014.

Since there are over 500 adult care facilities and assisted living resi-
dences in the State, the Department of Health needs additional time to
add of all these facilities to its existing criminal background check
system. As a result, this bill would change the effective date of the
new criminal background requirement for these facilities to January 1,
2015, in order to ensure a proper and successful implementation of this
important new requirement.

LEGISLATIVE HISTORY:

New bill.

FISCAL IMPLICATIONS:

Savings will be achieved in the current State fiscal year, and there
will be no additional fiscal cost in future years.

EFFECTIVE DATE:

This act shall take effect immediately; provided, however, that section
two of this act shall take effect January 1, 2015.

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

                                 4926--B

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               May 1, 2013
                               ___________

Introduced  by  Sens. HANNON, MARCHIONE, AVELLA, GOLDEN, LARKIN, O'BRIEN
  -- read twice and ordered printed, and when printed to be committed to
  the Committee on Health -- recommitted to the Committee on  Health  in
  accordance  with Senate Rule 6, sec. 8 -- reported favorably from said
  committee with amendments and committed to the Committee on Finance --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

AN  ACT  to  amend section 38 of part A of the chapter 60 of the laws of
  2014 amending the public health law, relating to  adult  care  facili-
  ties,  in  relation  to  the  effectiveness  thereof; and to amend the
  public health law, in relation to criminal history checks 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. Section 38 of part A of chapter 60  of  the  laws  of  2014
amending  the  public  health  law  relating to adult care facilities is
amended to read as follows:
  S 38. This act shall take effect immediately and shall  be  deemed  to
have been in full force and effect on and after April 1, 2014; PROVIDED,
HOWEVER, THAT SECTIONS TWENTY-TWO, TWENTY-THREE, AND TWENTY-FOUR OF THIS
ACT  SHALL  TAKE  EFFECT  JANUARY  1,  2015; provided, however, that the
amendments to subdivisions 1 and  2  of  section  461-k  of  the  social
services law made by section thirty-one of this act shall not affect the
expiration  of such section and shall be deemed to expire therewith; and
provided, further, that the amendments made to paragraph (b) of subdivi-
sion 18-a of section 206 of  the  public  health  law  made  by  section
sixteen  of  this  act shall not affect the expiration of such paragraph
and shall be deemed to expire therewith.
  S 2. Subdivision 10 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:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09242-07-4

S. 4926--B                          2

  10.  Notwithstanding  subdivision  eleven  of  section  eight  hundred
forty-five-b  of  the  executive  law,  a  certified home health agency,
licensed home care services agency or long term home health care program
certified, licensed or approved under article thirty-six of this chapter
or  a  home  care services agency exempt from certification or licensure
under article thirty-six of this chapter,  OR  AN  ADULT  CARE  FACILITY
LICENSED UNDER ARTICLE SEVEN OF THE SOCIAL SERVICES LAW, may temporarily
approve a prospective employee while the results of the criminal history
information  check and the determination are pending, upon the condition
that the provider conducts appropriate direct observation and evaluation
of the temporary employee, while he or she is temporarily employed,  and
the care recipient. The results of such observations shall be documented
in  the temporary employee's personnel file and shall be maintained. For
purposes of providing such appropriate  direct  observation  and  evalu-
ation, the provider shall utilize an individual employed by such provid-
er  with  a minimum of one year's experience working in an agency certi-
fied, licensed or approved under article thirty-six of this  chapter  OR
AN  ADULT  CARE  FACILITY  LICENSED  UNDER  ARTICLE  SEVEN OF THE SOCIAL
SERVICES LAW.  If the temporary employee is working under contract  with
another  provider  certified, licensed or approved under article thirty-
six of this chapter, such contract provider's appropriate direct  obser-
vation  and  evaluation  of  the temporary employee, shall be considered
sufficient for the purposes of complying with this subdivision.
  S 3. This act shall take effect immediately; provided,  however,  that
section two of this act shall take effect January 1, 2015.

Co-Sponsors

view additional co-sponsors

S4926C (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A5476D
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 Session:
A5476

S4926C (ACTIVE) - Bill Texts

view summary

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

view sponsor memo
BILL NUMBER:S4926C

TITLE OF BILL: An act to amend section 38 of part A of the chapter 60
of the laws of 2014 amending the public health law, relating to adult
care facilities, in relation to the effectiveness thereof; and to
amend the public health law and the social services law, in relation
to criminal history checks of prospective employees of adult homes,
enriched housing programs or residences for adults

PURPOSE OR GENERAL IDEA OF BILL:

This bill would provide the Department of Health with additional time
to implement the new law requiring adult care facilities and assisted
living residences to conduct criminal background checks on all
prospective direct care staff.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends section 38 of Part A of Chapter 60 of the Laws of
2014 to changes the effective date of the new criminal background
check requirement to January 1, 2015.

Section 2 amends Public Health Law § 2899-a(10) to add adult care
facilities to the list of entities that may temporarily approve
prospective employees while the results of a criminal history record
check are pending, so long as such facilities conduct appropriate
direct observation and evaluation of those employees.

Section 3 amends Public Health Law § 2899(6) to clarify that the new
criminal background check requirement applies to all adult care
facilities regulated by the Department of Health.

Section 4 amends Social Services Law § 461-t to clarify that the new
criminal background check requirement applies to all adult care
facilities regulated by the Department of Health.

Section 5 provides for: (1) an immediate effective date for section 1
in order to immediately change the effective date of the new criminal
background check requirement to January 1, 2015; and (2) an effective
date of January 1, 2015 for sections 2, 3 and 4, so that they also
take effect on the same date as the new criminal background check
requirement.

EXISTING LAW:

Since 2005, Article 28-E of the Public Health Law has required nursing
homes and home care agencies to conduct criminal background checks on
prospective direct care employees. As part of the 2014-15 Enacted
State Budget, legislation was enacted to authorize adult care
facilities to conduct criminal background checks for the first time
through the existing Department of Health system utilized for nursing
homes and home care agencies (L.2014, ch.60, Part A, sections 22-24).

JUSTIFICATION:

As part of the 2014-15 Enacted State Budget, the Legislature
authorized adult care facilities and assisted living residences to


utilize the comprehensive, cost-effective criminal background check
system already in place at the Department of Health (L.2014, ch.60,
Part A, sections 22-24). However, the enacted budget legislation did
not provide a specific effective date for this new requirement, and as
a result, it took effect immediately along with many of the other
provisions in Part A of Chapter 60 of the Laws of 2014.

Since there are over 500 adult care facilities and assisted living
residences in the State, the Department of Health needs additional
time to add of all these facilities to its existing criminal
background check system. As a result, this bill would change the
effective date of the new criminal background requirement for these
facilities to January 1, 2015, in order to ensure a proper and
successful implementation of this important new requirement.

PRIOR LEGISLATIVE HISTORY:

New Bill.

FISCAL IMPLICATIONS:

Savings will be achieved in the current State fiscal year, and there
will be no additional fiscal cost in future years.

EFFECTIVE DATE:

This act shall take effect immediately; provided, however, that
sections two, three and four of this act shall take effect January 1,
2015.

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

                                 4926--C

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               May 1, 2013
                               ___________

Introduced  by  Sens. HANNON, MARCHIONE, AVELLA, GOLDEN, LARKIN, O'BRIEN
  -- read twice and ordered printed, and when printed to be committed to
  the Committee on Health -- recommitted to the Committee on  Health  in
  accordance  with Senate Rule 6, sec. 8 -- reported favorably from said
  committee with amendments and committed to the Committee on Finance --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted  to  said committee -- committee discharged, bill amended,
  ordered reprinted as amended and recommitted to said committee

AN ACT to amend section 38 of part A of the chapter 60 of  the  laws  of
  2014  amending  the  public health law, relating to adult care facili-
  ties, in relation to the  effectiveness  thereof;  and  to  amend  the
  public health law and the social services law, in relation to criminal
  history checks of prospective employees of adult homes, enriched hous-
  ing programs or residences for adults

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 38 of part A of chapter 60  of  the  laws  of  2014
amending  the  public  health  law  relating to adult care facilities is
amended to read as follows:
  S 38. This act shall take effect immediately and shall  be  deemed  to
have been in full force and effect on and after April 1, 2014; PROVIDED,
HOWEVER, THAT SECTIONS TWENTY-TWO, TWENTY-THREE, AND TWENTY-FOUR OF THIS
ACT  SHALL  TAKE  EFFECT  JANUARY  1,  2015; provided, however, that the
amendments to subdivisions 1 and  2  of  section  461-k  of  the  social
services law made by section thirty-one of this act shall not affect the
expiration  of such section and shall be deemed to expire therewith; and
provided, further, that the amendments made to paragraph (b) of subdivi-
sion 18-a of section 206 of  the  public  health  law  made  by  section
sixteen  of  this  act shall not affect the expiration of such paragraph
and shall be deemed to expire therewith.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09242-09-4

S. 4926--C                          2

  S 2. Subdivision 10 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:
  10.  Notwithstanding  subdivision  eleven  of  section  eight  hundred
forty-five-b of the executive  law,  a  certified  home  health  agency,
licensed home care services agency or long term home health care program
certified, licensed or approved under article thirty-six of this chapter
or  a  home  care services agency exempt from certification or licensure
under article thirty-six of this chapter, OR  AN  ADULT  HOME,  ENRICHED
HOUSING  PROGRAM OR RESIDENCE FOR ADULTS LICENSED UNDER ARTICLE SEVEN OF
THE SOCIAL SERVICES LAW, may temporarily approve a prospective  employee
while  the  results  of  the  criminal history information check and the
determination are pending, upon the condition that the provider conducts
appropriate direct observation and evaluation of the temporary employee,
while he or she is temporarily employed, and  the  care  recipient.  The
results  of  such  observations  shall  be  documented  in the temporary
employee's personnel file and  shall  be  maintained.  For  purposes  of
providing  such  appropriate  direct  observation  and  evaluation,  the
provider shall utilize an individual employed by such  provider  with  a
minimum  of  one  year's  experience  working  in  an  agency certified,
licensed or approved under article thirty-six  of  this  chapter  OR  AN
ADULT  HOME,  ENRICHED  HOUSING PROGRAM OR RESIDENCE FOR ADULTS LICENSED
UNDER ARTICLE SEVEN OF THE  SOCIAL  SERVICES  LAW.    If  the  temporary
employee  is  working  under  contract  with another provider certified,
licensed or approved under article  thirty-six  of  this  chapter,  such
contract provider's appropriate direct observation and evaluation of the
temporary  employee,  shall be considered sufficient for the purposes of
complying with this subdivision.
  S 3. Subdivision 6 of section  2899  of  the  public  health  law,  as
amended  by  section  22 of part A of chapter 60 of the laws of 2014, 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] ADULT HOME, ENRICHED HOUSING PROGRAM OR RESIDENCE
FOR ADULTS licensed under article seven of the social services law.
  S 4. Section 461-t of the social services law, as added by section  24
of  part  A  of  chapter  60  of the laws of 2014, is amended to read as
follows:
  S 461-t. Review of criminal history information concerning prospective
direct care employees. Every [adult care facility] ADULT HOME,  ENRICHED
HOUSING PROGRAM AND RESIDENCE FOR ADULTS shall conduct a criminal histo-
ry  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  5.  This act shall take effect immediately; provided, however, that
sections two, three and four of this act shall take  effect  January  1,
2015.

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