Bill Text: NY S04926 | 2013-2014 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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: Slight Partisan Bill (Republican 4-2)

Status: (Engrossed - Dead) 2014-06-20 - SUBSTITUTED BY A5476D [S04926 Detail]

Download: New_York-2013-S04926-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        4926--A
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                      May 1, 2013
                                      ___________
       Introduced  by  Sens. HANNON, MARCHIONE, AVELLA, GOLDEN, LARKIN, O'BRIEN
         -- read twice and ordered printed, and when printed to be committed to
         the Committee on Health -- recommitted to the Committee on  Health  in
         accordance  with Senate Rule 6, sec. 8 -- reported favorably from said
         committee with amendments and committed to the Committee on Finance
       AN ACT to amend the public health law and the social  services  law,  in
         relation  to  requiring the review of the criminal history of prospec-
         tive employees of adult care facilities
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1. Subdivision 6 of section 2899 of the public health law, as
    2  amended by chapter 331 of the laws  of  2006,  is  amended  to  read  as
    3  follows:
    4    6. "Provider" shall mean any residential health care facility licensed
    5  under article twenty-eight of this chapter; or any certified home health
    6  agency, licensed home care services agency or long term home health care
    7  program certified under article thirty-six of this chapter; OR ANY ADULT
    8  CARE FACILITY LICENSED UNDER ARTICLE SEVEN OF THE SOCIAL SERVICES LAW.
    9    S  2.  Paragraph  (a) of subdivision 9 of section 2899-a of the public
   10  health law, as amended by chapter 331 of the laws of 2006, is amended to
   11  read as follows:
   12    (a) In the event that funds are appropriated in any given fiscal  year
   13  for  the  reimbursement for the costs of providing such criminal history
   14  information, reimbursement shall be made available in an  equitable  and
   15  direct  manner for the projected cost of the fee established pursuant to
   16  law by the division of criminal justice services for processing a crimi-
   17  nal history information check, the fee imposed by the federal bureau  of
   18  investigation  for  a national criminal history check, and costs associ-
   19  ated with obtaining the fingerprints to all providers licensed, but  not
   20  certified  under  article thirty-six of this chapter, AND ALL ADULT CARE
   21  FACILITIES LICENSED UNDER ARTICLE SEVEN  OF  THE  SOCIAL  SERVICES  LAW,
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09242-04-4
       S. 4926--A                          2
    1  including  those  that  are  subject  to  this article and are unable to
    2  access direct reimbursement from  state  and/or  federal  funded  health
    3  programs.
    4    S  3. The social services law is amended by adding a new section 461-t
    5  to read as follows:
    6    S 461-T. REVIEW OF CRIMINAL HISTORY INFORMATION CONCERNING PROSPECTIVE
    7  DIRECT CARE EMPLOYEES. EVERY ADULT CARE FACILITY SHALL CONDUCT A  CRIMI-
    8  NAL  HISTORY RECORD CHECK OF PROSPECTIVE DIRECT CARE EMPLOYEES UTILIZING
    9  THE PROCEDURES AND STANDARDS SET FORTH IN ARTICLE TWENTY-EIGHT-E OF  THE
   10  PUBLIC HEALTH LAW.
   11    S  4.  This act shall take effect the first of January next succeeding
   12  the date on which it shall have become a law.    Effective  immediately,
   13  the department of health is authorized and directed to promulgate, amend
   14  and/or  repeal,  on an emergency basis, any rules and regulations neces-
   15  sary to implement the provisions of this act.