NY State Senate Bill S7108

Archive: Last Bill Status - Signed by Governor

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

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Actions

view actions (12)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jul 01, 2021	signed chap.234
Jun 24, 2021	delivered to governor
Jun 08, 2021	returned to senate passed assembly ordered to third reading rules cal.620 substituted for a7684
Jun 07, 2021	referred to codes delivered to assembly passed senate
Jun 03, 2021	ordered to third reading cal.1511 committee discharged and committed to rules
Jun 01, 2021	referred to disabilities

Votes

S7108 (ACTIVE) - Details

See Assembly Version of this Bill:: A7684
Law Section:: Executive Law
Laws Affected:: Amd §562, Exec L

S7108 (ACTIVE) - Summary

Provides licensed facilities a summary of final substantiated reports of category two conduct for a current employee or volunteer where the conduct in such reports occurred at another facility or provider agency.

S7108 (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S7108

SPONSOR: MANNION
 
TITLE OF BILL:

An act to amend the executive law, in relation to providing licensed
facilities a summary of final substantiated reports of category two
conduct of an employee or volunteer

 
PURPOSE OF THE BILL:

This bill would allow the Justice Center to provide notifications
regarding Category Two findings to providers licensed, certified, or
operated by OPWDD when such finding was made while an individual was
already employed at such provider.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill would amend Executive Law § 562 (1) to allow the
Justice Center to provide final Category Two case outcomes to providers
when the conduct occurred at a different provider employing such indi-

vidual, or when the case was not finalized upon hiring an individual.

Section 2 of the bill would make it effective in 180 days.

 
JUSTIFICATION:

Executive Law § 562 provides Category Two case information to providers
for prospective employees only when all appeals or time to file such
appeals have been exhausted. While Category Two findings do not preclude
individuals from being hired, the intent of the law was to allow OPWDD
providers to have the information to make informed employment decisions.
However, this has created two loopholes through which employers miss out
on important information to inform their decision making. In one scenar-
io, if an individual leaves employment or is terminated during the
pendency of an investigation or appeal and is subsequently hired by an
OPWDD provider, the new provider does not receive notification of the
Category Two finding, because it is not complete. In another scenario,
if an individual is employed by multiple providers and commits an act of
Category Two abuse or neglect, only the provider where the conduct
occurred is notified of such finding. In closing these loopholes,
providers would be empowered with the information they need to make
employment decisions.

 
PRIOR LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS:

This bill will be implemented with existing resources.

 
EFFECTIVE DATE:
This bill would take effect 180 days after it shall have become law.

S7108 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7108
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               June 1, 2021
                                ___________
 
 Introduced  by Sen. MANNION -- (at request of the Justice Center for the
   Protection of People with Special Needs) --  read  twice  and  ordered
   printed, and when printed to be committed to the Committee on Disabil-
   ities
 
 AN  ACT  to  amend  the executive law, in relation to providing licensed
   facilities a summary of final substantiated reports  of  category  two
   conduct of an employee or volunteer
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 1 of section 562 of the executive law, as added
 by section 3 of part A of chapter 501 of the laws of 2012, is amended to
 read as follows:
   1. (A) Upon receiving a  request  for  criminal  history  information,
 pursuant  to  section  eight hundred forty-five-b of this chapter, for a
 prospective employee or volunteer of a facility  or  provider  licensed,
 operated, or certified by the office for people with developmental disa-
 bilities,  the  justice center shall furnish a summary of any substanti-
 ated reports in its possession regarding a FINAL finding of category two
 conduct pursuant to section four  hundred  ninety-three  of  the  social
 services  law,  by a prospective employee or volunteer[, if all relevant
 hearings and appeals have been  exhausted].  The  justice  center  shall
 provide such summary report to the authorized person as defined in para-
 graph  (b)  of  subdivision one of section eight hundred forty-five-b of
 this chapter and at  that  same  time  furnish  such  documents  to  the
 prospective  employee or volunteer at the address for such person listed
 on the request.
   (B) NOTWITHSTANDING PARAGRAPH (A) OF THIS SUBDIVISION, A  FACILITY  OR
 PROVIDER  LICENSED,  OPERATED OR CERTIFIED BY THE OFFICE FOR PEOPLE WITH
 DEVELOPMENTAL DISABILITIES SHALL BE PROVIDED  A  SUMMARY  OF  ANY  FINAL
 FINDING  OF  CATEGORY TWO CONDUCT PURSUANT TO SECTION FOUR HUNDRED NINE-
 TY-THREE OF THE SOCIAL SERVICES LAW, FOR A CURRENT  EMPLOYEE  OR  VOLUN-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD09590-01-1

 S. 7108                             2
 
 TEER,  WHERE  THE  SUBSTANTIATED  CATEGORY  TWO  CONDUCT IN SUCH SUMMARY
 OCCURRED AT ANOTHER FACILITY OR  PROVIDER  AGENCY.  THE  JUSTICE  CENTER
 SHALL  ADDITIONALLY PROVIDE SUCH SUMMARY TO THE EMPLOYEE OR VOLUNTEER IF
 SUCH SUMMARY HAS NOT PREVIOUSLY BEEN PROVIDED.
   (C)  FOR THE PURPOSES OF THIS SUBDIVISION, A FINAL FINDING OF CATEGORY
 TWO CONDUCT SHALL MEAN A FINDING FOR WHICH  ALL  RELEVANT  HEARINGS  AND
 APPEALS  HAVE  BEEN EXHAUSTED AND HAS NOT BEEN SEALED IN ACCORDANCE WITH
 SECTION FOUR HUNDRED NINETY-THREE OF THE SOCIAL SERVICES LAW.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.

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The New York State Senate

senate Bill S7108

Sponsored By

Archive: Last Bill Status - Signed by Governor

Your Voice

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Votes

Jun 7, 2021 - floor Vote

Floor Vote: Jun 7, 2021

Jun 3, 2021 - Rules committee Vote

Rules Committee Vote: Jun 3, 2021

S7108 (ACTIVE) - Details

S7108 (ACTIVE) - Summary

S7108 (ACTIVE) - Sponsor Memo

S7108 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S7108

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Sponsored By

John W. Mannion

Archive: Last Bill Status - Signed by Governor

Your Voice

Actions

Votes

Jun 7, 2021 - floor Vote

Floor Vote: Jun 7, 2021

Jun 3, 2021 - Rules committee Vote

Rules Committee Vote: Jun 3, 2021

S7108 (ACTIVE) - Details

S7108 (ACTIVE) - Summary

S7108 (ACTIVE) - Sponsor Memo

S7108 (ACTIVE) - Bill Text download pdf

Comments