S T A T E   O F   N E W   Y O R K
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                                  10383

                          I N  A S S E M B L Y

                              May 25, 2016
                               ___________

Introduced  by  M.  of  A. HARRIS, GUNTHER -- (at request of the Justice
  Center for the Protection of People With Special Needs) --  read  once
  and referred to the Committee on Mental Health

AN  ACT to amend the social services law, in relation to the requirement
  to check the justice center's register of substantiated  category  one
  cases of abuse or neglect

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

  Section 1. Subdivisions 2 and 3 of section 495 of the social  services
law, as added by section 1 of part B of chapter 501 of the laws of 2012,
are amended to read as follows:
  2. (A) All facility and provider agencies, other providers of services
to  vulnerable  persons in programs licensed, certified or funded by any
state oversight agency, OVERNIGHT, SUMMER DAY AND TRAVELING  SUMMER  DAY
CAMPS  FOR  CHILDREN  SUBJECT TO THE PROVISIONS OF ARTICLE THIRTEEN-B OF
THE PUBLIC HEALTH LAW, ANY RESIDENTIAL  HEALTH  CARE  FACILITY  LICENSED
UNDER  ARTICLE TWENTY-EIGHT OF THE PUBLIC HEALTH LAW, ANY CERTIFIED HOME
HEALTH AGENCY, LICENSED HOME CARE SERVICES  AGENCY  OR  LONG  TERM  HOME
HEALTH  CARE  PROGRAM  CERTIFIED  UNDER ARTICLE THIRTY-SIX OF THE PUBLIC
HEALTH LAW, ANY ADULT HOME, ENRICHED HOUSING PROGRAM  OR  RESIDENCE  FOR
ADULTS  LICENSED  UNDER ARTICLE SEVEN OF THIS CHAPTER and other provider
and licensing agencies as  defined  in  subdivision  three  or  four  of
section  four  hundred  twenty-four-a  of  this  chapter shall check the
register of substantiated category one cases of abuse or neglect  before
determining  whether to hire or otherwise allow any person as an employ-
ee, administrator, consultant, intern, volunteer or contractor who  will
have  the  potential  for regular and substantial contact with a service
recipient or before approving an applicant for a  license,  certificate,
permit  or  other  approval to provide care to a service recipient. (For
state entities bound by collective bargaining, such  action  established
by collective bargaining shall govern.)
  (B) AN INQUIRY REGARDING ANY CURRENT EMPLOYEE, ADMINISTRATOR, CONSULT-
ANT,  INTERN,  VOLUNTEER  OR  CONTRACTOR WHO WILL HAVE THE POTENTIAL FOR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14280-02-6
              

A. 10383                            2

REGULAR AND SUBSTANTIAL CONTACT WITH A SERVICE  RECIPIENT  MAY  BE  MADE
ONLY ONCE IN ANY SIX-MONTH PERIOD.
  3. If a person is listed on the register of substantiated category one
cases  of  abuse or neglect, a facility or provider agency and all other
providers of services to vulnerable persons, AS DEFINED  IN  SUBDIVISION
FIFTEEN  OF  SECTION  FOUR  HUNDRED  EIGHTY-EIGHT  OF  THIS  ARTICLE, in
programs licensed or certified by any state oversight agency  shall  not
hire  such  a  person  to  have  regular  and substantial contact with a
service recipient in any such facility or program.   OTHER PROVIDERS  OF
SERVICES DEFINED IN SUBDIVISION TWO OF THIS SECTION, EXCEPT PROVIDERS OR
LICENSING  AGENCIES  AS  DEFINED IN SUBDIVISION THREE OR FOUR OF SECTION
FOUR HUNDRED TWENTY-FOUR-A OF THIS CHAPTER, SHALL DETERMINE  WHETHER  TO
HIRE OR ALLOW SUCH A PERSON TO HAVE REGULAR AND SUBSTANTIAL CONTACT WITH
A  SERVICE  RECIPIENT  IN  ACCORDANCE WITH GUIDELINES ESTABLISHED BY THE
EXECUTIVE DIRECTOR OF THE JUSTICE CENTER FOR THE  PROTECTION  OF  PEOPLE
WITH  SPECIAL NEEDS. Other providers or licensing agencies as defined in
subdivision three or four of section four hundred twenty-four-a of  this
chapter  shall  determine whether to hire or allow such a person to have
regular or substantial contact with a service  recipient  in  accordance
with  the provisions of subdivision five of section four hundred twenty-
four-a of this chapter.
  S 2. Subdivision 7 of section 424-a of the  social  services  law,  as
added  by  section  8  of  part D of chapter 501 of the laws of 2012, is
amended to read as follows:
  7. Any facility[,] OR provider agency,  [or  program]  AS  DEFINED  IN
SUBDIVISION  FOUR  OF SECTION FOUR HUNDRED EIGHTY-EIGHT OF THIS CHAPTER,
that is required to conduct an inquiry pursuant to section four  hundred
ninety-five of this chapter BEFORE DETERMINING WHETHER TO HIRE OR OTHER-
WISE ALLOW ANY PERSON AS AN EMPLOYEE, ADMINISTRATOR, CONSULTANT, INTERN,
VOLUNTEER  OR  CONTRACTOR  WHO  WILL  HAVE THE POTENTIAL FOR REGULAR AND
SUBSTANTIAL CONTACT WITH A SERVICE RECIPIENT  shall  first  conduct  the
inquiry  required under such section. If the result of the inquiry under
section four hundred ninety-five of this  chapter  is  that  the  person
about whom the inquiry is made is on the register of substantiated cate-
gory  one  cases of abuse or neglect and [the] SUCH facility or provider
agency is required to deny the application in  accordance  with  article
eleven  of  this  chapter,  the facility or provider agency shall not be
required to make an inquiry of the office under this section.
  S 3. This act shall take effect on the sixtieth  day  after  it  shall
have become a law.