Bill Text: NY A08177 | 2013-2014 | General Assembly | Introduced

New York Assembly Bill 8177 (Prior Session Legislation)

Introduced

Bill Title: 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.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2014-01-08 - referred to health [A08177 Detail]

Download: New_York-2013-A08177-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         8177
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                  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    S  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    S 3. This act shall take effect on the ninetieth day  after  it  shall
    7  have become a law.