Requires the review of the criminal history of prospective employees of adult care facilities.
Ayes (60): Adams, Addabbo, Avella, Ball, Bonacic, Boyle, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Espaillat, Farley, Felder, Flanagan, Fuschillo, Gallivan, Gianaris, Gipson, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Hoylman, Kennedy, Klein, Krueger, Lanza, Larkin, Latimer, LaValle, Libous, Little, Marcellino, Marchione, Martins, Maziarz, Nozzolio, O'Brien, O'Mara, Parker, Peralta, Ritchie, Rivera, Robach, Sampson, Sanders, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Tkaczyk, Valesky, Young, Zeldin
Nays (1): Montgomery
Excused (2): Perkins, Ranzenhofer
TITLE OF BILL: An act to amend the public health law and the social services law, in relation to requiring the review of the criminal history of prospective employees of adult care facilities
PURPOSE: This bill would require all adult care facilities and assisted living residences to conduct criminal background checks on all prospective direct care staff through the existing Department of Health system utilized for prospective employees of nursing homes and home care agencies.
SUMMARY OF PROVISIONS:
Section 1 amends Public Health Law § 2899(6) to add adult care facilities to the definition and list of providers required to conduct criminal background checks on prospective direct care staff under Article 28-E.
Section 2 amends Public Health Law § 2899(9)(a) to add adult care facilities to the list of entities eligible for reimbursement for the cost of conducting criminal background checks on prospective direct care employees.
Section 3 adds a new section 461-t to the Social Services Law to require every adult care facility to conduct a criminal history record check of prospective direct care employees utilizing the procedures and standards set forth in article 28-E of the public health law.
Section 4 provides for an effective date of ninety days after becoming law, and the Department of Health would be authorized and directed to promulgate, amend and/or repeal, on an emergency basis, any rules and regulations necessary to implement the provisions of this act.
EXISTING LAW: There is no current statutory requirement for adult care facilities to conduct criminal background checks on prospective direct care employees. Article 28-E of the Public Health Law currently requires nursing homes and home care agencies to conduct-criminal background checks on prospective direct care employees.
JUSTIFICATION: While many adult care facilities and assisted living residences voluntarily conduct criminal background checks on their prospective employees, there is no statutory requirement or uniform process for them to do so. In 2005, Article 28-E of the Public Health Law was enacted to create such a statutory requirement and uniform process within the Department of Health for prospective employees of nursing homes and home care agencies (L.2005, ch.769). This bill would amend Article 28-E to: (1) ensure that all adult care facilities and assisted living residences conduct criminal background checks on prospective direct care employees; and (2) allow all such facilities to utilize the uniform and comprehensive criminal background check process already in place at the Depart rent of Health.
Pursuant to Article 28-E and Department regulations, criminal background checks are conducted on all employees who have "physical access to a resident's living quarters ... or provide face-to-face care." The criminal background checks are run through both the
Division of Criminal Justice Services (DCJS) and the Federal Bureau of Investigation (FBI). Based on the results of the background check, the Department of Health then makes a determination as to whether the individual should be hired in a direct care position. In addition, the Department of Health maintains a permanent record for the individual, so that he or she does not need to undergo another background check upon a future change in employment. The bill will allow adult care facilities and assisted living residences to utilize this comprehensive, cost-effective criminal background check system already in place at the Department of Health, and help ensure the health and safety of the senior residents of such facilities.
LEGISLATIVE HISTORY: New bill.
FISCAL IMPLICATIONS: Nominal.
EFFECTIVE DATE: The act shall take effect January 1, 2014 and the Department of Health would be authorized and directed to promulgate, amend and/or repeal, on an emergency basis, any rules and regulations necessary to implement the provisions of this act.
STATE OF NEW YORK ________________________________________________________________________ 4926 2013-2014 Regular Sessions IN SENATE May 1, 2013 ___________Introduced by Sens. HANNON, MARCHIONE -- read twice and ordered printed, and when printed to be committed to the Committee on Health 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: Section 1. Subdivision 6 of section 2899 of the public health law, as amended by chapter 331 of the laws of 2006, is amended to read as follows: 6. "Provider" shall mean any residential health care facility licensed under article twenty-eight of this chapter; or any certified home health agency, licensed home care services agency or long term home health care program certified under article thirty-six of this chapter; OR ANY ADULT CARE FACILITY LICENSED UNDER ARTICLE SEVEN OF THE SOCIAL SERVICES LAW. S 2. Paragraph (a) of subdivision 9 of section 2899-a of the public health law, as amended by chapter 331 of the laws of 2006, is amended to read as follows: (a) In the event that funds are appropriated in any given fiscal year for the reimbursement for the costs of providing such criminal history information, reimbursement shall be made available in an equitable and direct manner for the projected cost of the fee established pursuant to law by the division of criminal justice services for processing a crimi- nal history information check, the fee imposed by the federal bureau of investigation for a national criminal history check, and costs associ- ated with obtaining the fingerprints to all providers licensed, but not certified under article thirty-six of this chapter, AND ALL ADULT CARE FACILITIES LICENSED UNDER ARTICLE SEVEN OF THE SOCIAL SERVICES LAW, including those that are subject to this article and are unable to access direct reimbursement from state and/or federal funded health programs.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09242-03-3 S. 4926 2
S 3. The social services law is amended by adding a new section 461-t to read as follows: S 461-T. REVIEW OF CRIMINAL HISTORY INFORMATION CONCERNING PROSPECTIVE DIRECT CARE EMPLOYEES. EVERY ADULT CARE FACILITY SHALL CONDUCT A CRIMI- NAL HISTORY RECORD CHECK OF PROSPECTIVE DIRECT CARE EMPLOYEES UTILIZING THE PROCEDURES AND STANDARDS SET FORTH IN ARTICLE TWENTY-EIGHT-E OF THE PUBLIC HEALTH LAW. S 4. This act shall take effect on January 1, 2014. Effective imme- diately, the department of health is authorized and directed to promul- gate, amend and/or repeal, on an emergency basis, any rules and regu- lations necessary to implement the provisions of this act.