S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7124

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             April 24, 2015
                               ___________

Introduced by M. of A. LAWRENCE -- read once and referred to the Commit-
  tee on Health

AN  ACT  to  amend the social services law and the public health law, in
  relation to criminal history records of maintenance employees in adult
  residential health and assisted living facilities

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. The social services law is amended by adding a new section
461-u to read as follows:
  S 461-U. ACCESS TO CRIMINAL HISTORY RECORDS. 1. FOR  THE  PURPOSES  OF
THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
  (A) "MAINTENANCE EMPLOYEE" SHALL MEAN ANY INDIVIDUAL TO BE EMPLOYED OR
USED BY A PROVIDER, INCLUDING THOSE PERSONS EMPLOYED THROUGH A TEMPORARY
EMPLOYMENT  OR  STAFFING  AGENCY, AND WHO PROVIDE SUPPORTIVE MAINTENANCE
SERVICES TO SUCH FACILITY, INCLUDED,  BUT  NOT  LIMITED  TO  BEAUTICIAN,
SECURITY, JANITORIAL, LAUNDRY, RECREATIONAL AND GROUNDSKEEPING SERVICES.
SUCH TERM SHALL NOT INCLUDE VOLUNTEERS.
  (B)  "PROVIDER"  SHALL  MEAN  AN ASSISTED LIVING FACILITY, RESIDENTIAL
HEALTH CARE FACILITY, SKILLED NURSING FACILITY  OR  ANY  OTHER  TYPE  OF
FACILITY  THAT PROVIDES RESIDENTIAL OR INSTITUTIONAL CARE TO THE ELDERLY
OR DISABLED.
  2. SUBJECT TO THE RULES AND REGULATIONS OF THE  DIVISION  OF  CRIMINAL
JUSTICE SERVICES, THE DEPARTMENT OF HEALTH SHALL HAVE ACCESS TO CRIMINAL
HISTORY  RECORDS  MAINTAINED  BY SUCH DIVISION PERTAINING TO ANY MAINTE-
NANCE EMPLOYEE OR SUCH PERSONS AS THE DEPARTMENT OF HEALTH AT  ANY  TIME
DEEMS NECESSARY TO DETERMINE THEIR CRIMINAL HISTORIES.
  3.  EVERY  COURT  IN  WHICH  A  MAINTENANCE  EMPLOYEE OF A PROVIDER IS
CONVICTED OF A CRIME WHILE PERFORMING  THEIR  INTENDED  DUTIES  AT  SUCH
FACILITY  SHALL,  WITHIN  SEVEN DAYS AFTER EITHER THE ENTRY OF A PLEA OF
GUILTY, OR THE VERDICT OF THE COURT OR A JURY, NOTIFY THE DEPARTMENT  OF
HEALTH  IN  WRITING  OF SUCH CONVICTION. THE DEPARTMENT OF HEALTH, AFTER

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10256-01-5
              

A. 7124                             2

RECEIPT OF SUCH NOTIFICATION OR AT ANY TIME  THE  DEPARTMENT  OF  HEALTH
BECOMES  AWARE  OF THE CONVICTION OF SUCH MAINTENANCE WORKER, SHALL HAVE
THE AUTHORITY, GRANTED PURSUANT TO SUBDIVISION ONE OF THIS  SECTION,  TO
HAVE ACCESS TO THE CRIMINAL HISTORY RECORDS OF SUCH INDIVIDUAL.
  4.  ANY  REQUEST  FOR  CRIMINAL  HISTORY  RECORDS MADE PURSUANT TO THE
PROVISIONS OF THIS SECTION SHALL BE ACCOMPANIED BY THE  FINGERPRINTS  OF
THE PERSON WHO IS THE SUBJECT OF SUCH REQUEST.
  S 2. Subdivisions 3 and 5 of section 2899 of the public health law, as
amended  by  chapter  331  of  the  laws of 2006, are amended to read as
follows:
  3. "Employee" shall mean any person  to  be  employed  or  used  by  a
provider,  including  those  persons  employed by a temporary employment
agency, to provide direct care or supervision to patients  or  residents
OR  AN  INDIVIDUAL  WHO  SERVES  AS A MAINTENANCE EMPLOYEE AS DEFINED IN
SECTION FOUR HUNDRED SIXTY-ONE-U OF THE  SOCIAL  SERVICES  LAW.  Persons
licensed  pursuant  to title eight of the education law or article twen-
ty-eight-D of this chapter are excluded from  the  meaning  of  employee
under this article. Such term shall not include volunteers.
  5.  "Prospective  employee"  shall  mean  any  individual, INCLUDING A
POTENTIAL MAINTENANCE EMPLOYEE, not currently an employee, who files  an
application  for  employment  as  an  employee  with  a provider and the
provider has a reasonable expectation to  hire  such  individual  as  an
employee.
  S  3.  Subdivision  10  of section 2899-a of the public health law, as
amended by chapter 94 of the  laws  of  2014,  is  amended  to  read  as
follows:
  10.  Notwithstanding  subdivision  eleven  of  section  eight  hundred
forty-five-b of the executive  law,  a  certified  home  health  agency,
licensed home care services agency or long term home health care program
certified, licensed or approved under article thirty-six of this chapter
or  a  home  care services agency exempt from certification or licensure
under article thirty-six of this chapter, or  an  adult  home,  enriched
housing  program or residence for adults licensed under article seven of
the social services law, OR AN ASSISTED LIVING FACILITY  LICENSED  UNDER
ARTICLE  FORTY-SIX-B OF THIS CHAPTER, may temporarily approve a prospec-
tive employee while the results  of  the  criminal  history  information
check  and  the  determination  are pending, upon the condition that the
provider conducts appropriate direct observation and evaluation  of  the
temporary  employee,  while  he  or she is temporarily employed, and the
care recipient. The results of such observations shall be documented  in
the  temporary  employee's  personnel  file and shall be maintained. For
purposes of providing such appropriate  direct  observation  and  evalu-
ation, the provider shall utilize an individual employed by such provid-
er  with  a minimum of one year's experience working in an agency certi-
fied, licensed or approved under article thirty-six of this  chapter  or
an adult home, enriched housing program or residence for adults licensed
under article seven of the social services law. If the temporary employ-
ee  is  working under contract with another provider certified, licensed
or approved under article thirty-six  OR  ARTICLE  FORTY-SIX-B  of  this
chapter,  such  contract  provider's  appropriate direct observation and
evaluation of the temporary employee, shall be considered sufficient for
the purposes of complying with this subdivision.
  S 4. This act shall take effect immediately.