Requires adult homes and assisted living residences to perform criminal background checks of their employees and prospective employees; enables certain adult homes and assisted living residences to collect certain fees for background checks of their employees and prospective employees.
STATE OF NEW YORK
________________________________________________________________________
8177
2013-2014 Regular Sessions
IN ASSEMBLY
September 18, 2013
___________
Introduced by M. of A. TEDISCO -- read once and referred to the Commit-
tee on Health
AN ACT to amend the public health law, in relation to requiring adult
homes and assisted living residences to perform criminal background
checks of their employees and prospective employees and to enable
certain adult homes and assisted living residences to collect certain
fees in connection with such background checks of employees and
prospective employees
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
6 health agency, licensed home care services agency or long term home
7 health care program certified under article thirty-six of this chapter;
8 any assisted living residence licensed under article forty-six-B of this
9 chapter; any assisted living programs approved by the department pursu-
10 ant to section four hundred sixty-one-1 of the social services law; any
11 continuing care retirement communities which possess a certificate of
12 authority pursuant to article forty-six of this chapter; or any residen-
13 tial services for persons that are provided under a license pursuant to
14 article sixteen, nineteen, thirty-one or thirty-two of the mental
15 hygiene law or other residential services primarily funded by or prima-
16 rily under the jurisdiction of the office for mental health.
17 § 2. Subdivision 11 of section 2899-a of the public health law, as
18 amended by chapter 331 of the laws of 2006, is amended to read as
19 follows:
20 11. No provider shall seek, directly or indirectly, to obtain from a
21 prospective employee, temporary employee or employee compensation in any
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08378-01-3
A. 8177 2
1 form for the payment of the fee or any facility costs associated with
2 obtaining the criminal history information check required by this arti-
3 cle; provided, however, that a provider that is not a Medicaid-enrolled
4 provider may seek reimbursement of the actual cost incurred by the
5 provider of a background check from an employee or prospective employee.
6 § 3. This act shall take effect on the ninetieth day after it shall
7 have become a law.
