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BILL NUMBER:S221A

TITLE OF BILL: An act to amend the public health law, in relation to establishing a central registry of medical personnel terminated for cause

PURPOSE: Establishes a central registry for medical personnel terminated for cause.

SUMMARY OF PROVISIONS: Section 1. The public health law is amended by adding a new section 2823 to read as follows: central state registry of employees of medical facilities terminated for cause. Notwithstanding any provision of law to the contrary, the department is authorized to and shall establish and maintain a central state registry identifying personnel employed by medical facilities within the state who have been terminated from their employment by a medical facility for cause

JUSTIFICATION: To maintain such information as the commissioner requires, including, the name, address, date of birth, and social security number of each person so terminated.

LEGISLATIVE  HISTORY: S.3933/A.7352 of 2009/2010; Referred to Health

FISCAL IMPLICATIONS: To be determined.

EFFECTIVE DATE: This act shall take effect January 1, 2013.

Text

STATE OF NEW YORK
________________________________________________________________________

221--A

2011-2012 Regular Sessions

IN SENATE

(PREFILED)

January 5, 2011
___________

Introduced  by  Sens. MAZIARZ, LARKIN -- read twice and ordered printed,
  and when printed to be committed to the Committee on Health --  recom-
  mitted  to  the  Committee on Health in accordance with Senate Rule 6,
  sec. 8 -- committee discharged, bill  amended,  ordered  reprinted  as
  amended and recommitted to said committee

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
2823 to read as follows:
  S 2823. 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01056-02-1
S. 221--A                           2

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.
  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.
  S 2. This act shall take effect January 1, 2013.