Bill Text: NY A05476 | 2013-2014 | General Assembly | Amended
Bill Title: Requires the review of the criminal history of prospective employees of adult homes, enriched housing programs or residences for adults; extends effectiveness.
Spectrum: Moderate Partisan Bill (Democrat 5-1)
Status: (Passed) 2014-07-22 - signed chap.94 [A05476 Detail]
Download: New_York-2013-A05476-Amended.html
S T A T E O F N E W Y O R K
________________________________________________________________________
5476--D
2013-2014 Regular Sessions
I N A S S E M B L Y
February 28, 2013
___________
Introduced by M. of A. CYMBROWITZ, HEVESI, BRINDISI, BROOK-KRASNY,
ROSENTHAL -- Multi-Sponsored by -- M. of A. LUPINACCI -- read once and
referred to the Committee on Health -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee -- recommitted to the Committee on Health in accordance with
Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee -- again
reported from said committee with amendments, ordered reprinted as
amended and recommitted to said committee -- again reported from said
committee with amendments, ordered reprinted as amended and recommit-
ted 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:
1 Section 1. Section 38 of part A of chapter 60 of the laws of 2014
2 amending the public health law relating to adult care facilities is
3 amended to read as follows:
4 S 38. This act shall take effect immediately and shall be deemed to
5 have been in full force and effect on and after April 1, 2014; PROVIDED,
6 HOWEVER, THAT SECTIONS TWENTY-TWO, TWENTY-THREE, AND TWENTY-FOUR OF THIS
7 ACT SHALL TAKE EFFECT JANUARY 1, 2015; provided, however, that the
8 amendments to subdivisions 1 and 2 of section 461-k of the social
9 services law made by section thirty-one of this act shall not affect the
10 expiration of such section and shall be deemed to expire therewith; and
11 provided, further, that the amendments made to paragraph (b) of subdivi-
12 sion 18-a of section 206 of the public health law made by section
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09242-08-4
A. 5476--D 2
1 sixteen of this act shall not affect the expiration of such paragraph
2 and shall be deemed to expire therewith.
3 S 2. Subdivision 10 of section 2899-a of the public health law, as
4 amended by chapter 331 of the laws of 2006, is amended to read as
5 follows:
6 10. Notwithstanding subdivision eleven of section eight hundred
7 forty-five-b of the executive law, a certified home health agency,
8 licensed home care services agency or long term home health care program
9 certified, licensed or approved under article thirty-six of this chapter
10 or a home care services agency exempt from certification or licensure
11 under article thirty-six of this chapter, OR AN ADULT HOME, ENRICHED
12 HOUSING PROGRAM OR RESIDENCE FOR ADULTS LICENSED UNDER ARTICLE SEVEN OF
13 THE SOCIAL SERVICES LAW, may temporarily approve a prospective employee
14 while the results of the criminal history information check and the
15 determination are pending, upon the condition that the provider conducts
16 appropriate direct observation and evaluation of the temporary employee,
17 while he or she is temporarily employed, and the care recipient. The
18 results of such observations shall be documented in the temporary
19 employee's personnel file and shall be maintained. For purposes of
20 providing such appropriate direct observation and evaluation, the
21 provider shall utilize an individual employed by such provider with a
22 minimum of one year's experience working in an agency certified,
23 licensed or approved under article thirty-six of this chapter OR AN
24 ADULT HOME, ENRICHED HOUSING PROGRAM OR RESIDENCE FOR ADULTS LICENSED
25 UNDER ARTICLE SEVEN OF THE SOCIAL SERVICES LAW. If the temporary
26 employee is working under contract with another provider certified,
27 licensed or approved under article thirty-six of this chapter, such
28 contract provider's appropriate direct observation and evaluation of the
29 temporary employee, shall be considered sufficient for the purposes of
30 complying with this subdivision.
31 S 3. Subdivision 6 of section 2899 of the public health law, as
32 amended by section 22 of part A of chapter 60 of the laws of 2014, is
33 amended to read as follows:
34 6. "Provider" shall mean any residential health care facility licensed
35 under article twenty-eight of this chapter; or any certified home health
36 agency, licensed home care services agency or long term home health care
37 program certified under article thirty-six of this chapter; or any
38 [adult care facility] ADULT HOME, ENRICHED HOUSING PROGRAM OR RESIDENCE
39 FOR ADULTS licensed under article seven of the social services law.
40 S 4. Section 461-t of the social services law, as added by section 24
41 of part A of chapter 60 of the laws of 2014, is amended to read as
42 follows:
43 S 461-t. Review of criminal history information concerning prospective
44 direct care employees. Every [adult care facility] ADULT HOME, ENRICHED
45 HOUSING PROGRAM AND RESIDENCE FOR ADULTS shall conduct a criminal histo-
46 ry record check of prospective direct care employees utilizing the
47 procedures and standards set forth in article twenty-eight-E of the
48 public health law.
49 S 5. This act shall take effect immediately; provided, however, that
50 sections two, three and four of this act shall take effect January 1,
51 2015.
