S T A T E O F N E W Y O R K
________________________________________________________________________
7124
2015-2016 Regular Sessions
I N A S S E M B L Y
April 24, 2015
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Introduced by M. of A. LAWRENCE -- read once and referred to the Commit-
tee on Health
AN ACT to amend the social services law and the public health law, in
relation to criminal history records of maintenance employees in adult
residential health and assisted living facilities
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The social services law is amended by adding a new section
461-u to read as follows:
S 461-U. ACCESS TO CRIMINAL HISTORY RECORDS. 1. FOR THE PURPOSES OF
THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
(A) "MAINTENANCE EMPLOYEE" SHALL MEAN ANY INDIVIDUAL TO BE EMPLOYED OR
USED BY A PROVIDER, INCLUDING THOSE PERSONS EMPLOYED THROUGH A TEMPORARY
EMPLOYMENT OR STAFFING AGENCY, AND WHO PROVIDE SUPPORTIVE MAINTENANCE
SERVICES TO SUCH FACILITY, INCLUDED, BUT NOT LIMITED TO BEAUTICIAN,
SECURITY, JANITORIAL, LAUNDRY, RECREATIONAL AND GROUNDSKEEPING SERVICES.
SUCH TERM SHALL NOT INCLUDE VOLUNTEERS.
(B) "PROVIDER" SHALL MEAN AN ASSISTED LIVING FACILITY, RESIDENTIAL
HEALTH CARE FACILITY, SKILLED NURSING FACILITY OR ANY OTHER TYPE OF
FACILITY THAT PROVIDES RESIDENTIAL OR INSTITUTIONAL CARE TO THE ELDERLY
OR DISABLED.
2. SUBJECT TO THE RULES AND REGULATIONS OF THE DIVISION OF CRIMINAL
JUSTICE SERVICES, THE DEPARTMENT OF HEALTH SHALL HAVE ACCESS TO CRIMINAL
HISTORY RECORDS MAINTAINED BY SUCH DIVISION PERTAINING TO ANY MAINTE-
NANCE EMPLOYEE OR SUCH PERSONS AS THE DEPARTMENT OF HEALTH AT ANY TIME
DEEMS NECESSARY TO DETERMINE THEIR CRIMINAL HISTORIES.
3. EVERY COURT IN WHICH A MAINTENANCE EMPLOYEE OF A PROVIDER IS
CONVICTED OF A CRIME WHILE PERFORMING THEIR INTENDED DUTIES AT SUCH
FACILITY SHALL, WITHIN SEVEN DAYS AFTER EITHER THE ENTRY OF A PLEA OF
GUILTY, OR THE VERDICT OF THE COURT OR A JURY, NOTIFY THE DEPARTMENT OF
HEALTH IN WRITING OF SUCH CONVICTION. THE DEPARTMENT OF HEALTH, AFTER
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10256-01-5
A. 7124 2
RECEIPT OF SUCH NOTIFICATION OR AT ANY TIME THE DEPARTMENT OF HEALTH
BECOMES AWARE OF THE CONVICTION OF SUCH MAINTENANCE WORKER, SHALL HAVE
THE AUTHORITY, GRANTED PURSUANT TO SUBDIVISION ONE OF THIS SECTION, TO
HAVE ACCESS TO THE CRIMINAL HISTORY RECORDS OF SUCH INDIVIDUAL.
4. ANY REQUEST FOR CRIMINAL HISTORY RECORDS MADE PURSUANT TO THE
PROVISIONS OF THIS SECTION SHALL BE ACCOMPANIED BY THE FINGERPRINTS OF
THE PERSON WHO IS THE SUBJECT OF SUCH REQUEST.
S 2. Subdivisions 3 and 5 of section 2899 of the public health law, as
amended by chapter 331 of the laws of 2006, are amended to read as
follows:
3. "Employee" shall mean any person to be employed or used by a
provider, including those persons employed by a temporary employment
agency, to provide direct care or supervision to patients or residents
OR AN INDIVIDUAL WHO SERVES AS A MAINTENANCE EMPLOYEE AS DEFINED IN
SECTION FOUR HUNDRED SIXTY-ONE-U OF THE SOCIAL SERVICES LAW. Persons
licensed pursuant to title eight of the education law or article twen-
ty-eight-D of this chapter are excluded from the meaning of employee
under this article. Such term shall not include volunteers.
5. "Prospective employee" shall mean any individual, INCLUDING A
POTENTIAL MAINTENANCE EMPLOYEE, not currently an employee, who files an
application for employment as an employee with a provider and the
provider has a reasonable expectation to hire such individual as an
employee.
S 3. Subdivision 10 of section 2899-a of the public health law, as
amended by chapter 94 of the laws of 2014, 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, OR AN ASSISTED LIVING FACILITY LICENSED UNDER
ARTICLE FORTY-SIX-B OF THIS CHAPTER, may temporarily approve a prospec-
tive 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 home, enriched housing program or residence for adults licensed
under article seven of the social services law. If the temporary employ-
ee is working under contract with another provider certified, licensed
or approved under article thirty-six OR ARTICLE FORTY-SIX-B 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 4. This act shall take effect immediately.