S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1576
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 12, 2017
                                ___________
 
 Introduced  by  M. of A. HAWLEY, FINCH -- Multi-Sponsored by -- M. of A.
   BARCLAY, CROUCH, McDONOUGH, OAKS, SALADINO, THIELE --  read  once  and
   referred to the Committee on Health
 
 AN  ACT  to  amend  the public health law, in relation to establishing a
   central registry of medical personnel terminated for cause

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  public health law is amended by adding a new section
 2827 to read as follows:
   § 2827. CENTRAL STATE REGISTRY  OF  EMPLOYEES  OF  MEDICAL  FACILITIES
 TERMINATED  FOR  CAUSE.  1.  NOTWITHSTANDING ANY PROVISION OF LAW TO THE
 CONTRARY, THE DEPARTMENT IS AUTHORIZED TO AND SHALL ESTABLISH AND  MAIN-
 TAIN  A CENTRAL STATE REGISTRY IDENTIFYING PERSONNEL EMPLOYED BY MEDICAL
 FACILITIES WITHIN THE STATE WHO HAVE BEEN TERMINATED FROM THEIR  EMPLOY-
 MENT  BY  A MEDICAL FACILITY FOR CAUSE. THE REGISTRY SHALL MAINTAIN SUCH
 INFORMATION AS THE COMMISSION REQUIRES, INCLUDING,  AT  A  MINIMUM,  THE
 NAME,  ADDRESS, DATE OF BIRTH, AND SOCIAL SECURITY NUMBER OF EACH PERSON
 SO TERMINATED, THE NAME, ADDRESS AND TELEPHONE NUMBER OF THE TERMINATING
 FACILITY, THE DATE AND REASONS FOR THE TERMINATION, AND, TO  THE  EXTENT
 KNOWN  BY  THE  MEDICAL  FACILITY,  WHETHER  CRIMINAL CHARGES WERE FILED
 AGAINST THE PERSON TERMINATED. THE DEPARTMENT SHALL CONTINUE TO MAINTAIN
 IN THE REGISTRY THE INFORMATION REQUIRED TO BE  KEPT  PURSUANT  TO  THIS
 SECTION  FOR  EMPLOYEES  OF  MEDICAL FACILITIES FOR A PERIOD OF NOT LESS
 THAN FIVE YEARS FOLLOWING TERMINATION,  RESIGNATION  OR  RETIREMENT,  OR
 FAILURE  TO BE HIRED OR RENEWED AT WHICH TIME THE DEPARTMENT SHALL PURGE
 FROM THE REGISTRY SUCH INFORMATION.
   2. EACH MEDICAL FACILITY SHALL TRANSMIT THE REQUISITE INFORMATION,  IN
 SUCH  FORM  AS  IS PRESCRIBED BY THE COMMISSIONER, TO THE DEPARTMENT, NO
 LATER THAN THE FIFTEENTH  CALENDAR  DAY  FOLLOWING  THE  TERMINATION  OF
 EMPLOYMENT  OF ANY PERSON WHO WAS TERMINATED FOR CAUSE OR ANY PERSON WHO
 RETIRED OR RESIGNED IN ORDER TO AVOID TERMINATION.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD02291-01-7

 A. 1576                             2
 
   3. NOTWITHSTANDING ANY OTHER  PROVISION  OF  LAW,  MEDICAL  FACILITIES
 SHALL,  UPON  SUCH TERMS AND CONDITIONS AS THE DEPARTMENT SHALL BY RULES
 AND REGULATIONS PRESCRIBE, HAVE TIMELY ACCESS TO  INFORMATION  CONTAINED
 IN  THE  REGISTRY  FOR  THE  PURPOSE  OF MAKING SUCH INQUIRIES REGARDING
 PERSONS  WHO  ARE PRESENTLY EMPLOYED BY THE MEDICAL FACILITY OR WHO HAVE
 APPLIED FOR EMPLOYMENT WITH THE MEDICAL FACILITY.
   4. THE INFORMATION REQUIRED TO BE SUBMITTED PURSUANT TO  THIS  SECTION
 WHICH IS REQUIRED BY LAW TO BE KEPT CONFIDENTIAL SHALL BE KEPT CONFIDEN-
 TIAL  AND  ALL  OTHER INFORMATION SHALL BE RELEASED ONLY PURSUANT TO THE
 PROVISIONS OF THIS SECTION. THE DEPARTMENT  SHALL  ESTABLISH  RULES  AND
 REGULATIONS  TO  PROVIDE  FOR  A  PERMANENT SYSTEM WHICH WILL ENSURE THE
 SECURITY AND PRIVACY OF INFORMATION CONTAINED IN  THE  REGISTRY  AND  TO
 ENSURE  THAT  SUCH  INFORMATION  IS  MADE  AVAILABLE ONLY FOR LEGITIMATE
 PURPOSES TO QUALIFIED MEDICAL FACILITIES AS PROVIDED IN THIS SECTION.
   5. AS USED IN THIS SECTION, "MEDICAL  FACILITY"  MEANS  ANY  HOSPITAL,
 NURSING  HOME  OR RESIDENTIAL HEALTH CARE FACILITY AS DEFINED IN SECTION
 TWENTY-EIGHT HUNDRED ONE OF THIS ARTICLE OR A HOME CARE  SERVICE  AGENCY
 OR  LIMITED  HOME  CARE  SERVICE AGENCY AS DEFINED IN SECTION THIRTY-SIX
 HUNDRED TWO OF THIS CHAPTER.
   § 2. This act shall take effect January 1, 2019.