Amd Part A S38, Chap 60 of 2014; amd SS2899-a & 2899, Pub Health L; amd S461-t, Soc Serv L
Requires the review of the criminal history of prospective employees of adult homes, enriched housing programs or residences for adults; extends effectiveness.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5476D
SPONSOR: Cymbrowitz TITLE OF BILL: An act to amend section 38 of part A of chapter 60 of
the laws of 2014 amending the public health law, relating to adult care
facilities, 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 housing
programs or residences for adults
PURPOSE OR GENERAL IDEA OF BILL:
This bill would provide the Department of Health with additional time to
implement the new law requiring adult care facilities and assisted
living residences to conduct criminal background checks on all prospec-
tive direct care staff.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 amends section 38 of Part A of Chapter 60 of the Laws of 2014
to change the effective date of the new criminal background check
requirement to January 1, 2015.
Section 2 amends Public Health Law § 2899-a(10) to add adult care facil-
ities to the list of entities that may temporarily approve prospective
employees while the results of a criminal history record check are pend-
ing, so long as such facilities conduct appropriate direct observation
and evaluation of those employees.
Section 3 amends Public Health Law § 2899(6) to clarify that the new
criminal background check requirement applies to all adult care facili-
ties regulated by the Department of Health.
Section 4 amends Social Services Law § 461-t to clarify that the new
criminal background check requirement applies to all adult care facili-
ties regulated by the Department of Health.
Section 5 provides for: (1) an immediate effective date for section 1 in
order to immediately change the effective date of the new criminal back-
ground check requirement to January 1, 2015; and (2) an effective date
of January 1, 2015 for sections 2, 3 and 4, so that they also take
effect on the same date as the new criminal background check require-
ment.
EXISTING LAW:
Since 2005, Article 28-E of the Public Health Law has required nursing
homes and home care agencies to conduct criminal background checks on
prospective direct care employees. As part of the 2014-15 Enacted State
Budget, legislation was enacted to authorize adult care facilities to
conduct criminal background checks for the first time through the exist-
ing Department of Health system utilized for nursing homes and home care
agencies (L.2014, ch.60, Part A, sections 22-24).
JUSTIFICATION:
As part of the 2014-15 Enacted State Budget, the Legislature authorized
adult care facilities and assisted living residences to utilize the
comprehensive, cost-effective criminal background check system already
in place at the Department of Health (L.2014, ch.60, Part A, sections
22-24). However, the enacted budget legislation did not provide a
specific effective date for this new requirement, and as a result, it
took effect immediately along with many of the other provisions in Part
A of Chapter 60 of the Laws of 2014.
Since there are over 500 adult care facilities and assisted living resi-
dences in the State, the Department of Health needs additional time to
add all of these facilities to its existing criminal background check
system. As a result, this bill would change the effective date of the
new criminal background requirement for these facilities to January 1,
2015, in order to ensure a proper and successful implementation of this
important new requirement.
PRIOR LEGISLATIVE HISTORY:
New Bill.
FISCAL IMPLICATIONS:
Savings will be achieved in the current State fiscal year, and there
will be no additional fiscal cost in future years.
EFFECTIVE DATE:
This act shall take effect immediately; provided, however, that section
two of this act shall take effect January 1, 2015.
STATE OF NEW YORK
________________________________________________________________________
5476--D
2013-2014 Regular Sessions
IN ASSEMBLY
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 § 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 § 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 § 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 § 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 § 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 § 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.
