BILL NUMBER: S1396
SPONSOR: GALLIVAN
 
TITLE OF BILL:
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
 
PURPOSE:
This bill provides department of health with access to criminal history
records for all maintenance employees in residential health and assisted
living facilities to provide a level of security across all personnel
consistent with nursing homes.
 
SUMMARY OF PROVISIONS:
Section 1. Adds a new section to the Social Services law to define main-
tenance employee and provider. Grants department of health access to
criminal records maintained by division of criminal justice services,
subject to the rules and regulations incumbent thereon. Requires
courts, within seven days of a conviction or guilty plea by a mainte-
nance worker, give notice to the department of health. Provides crimi-
nal history records given under this section must include fingerprints
of the person who is the subject of the records request.
Section 2. Adds maintenance employee to the definition sections of
subdivisions 3 and 5 of section 2899 of Public Health law.
Section 3. Adds facility licensed under article forty-six-B to subdivi-
sion 10 of section 2899-a of the Public Health law.
Section 4 establishes the effective date.
 
JUSTIFICATION:
Maintenance and support staff at adult residential health and assisted
living facilities provide many services vital to the operation of such
facilities. Often these duties bring them into direct contact with
patients or residents. Additionally, direct care staff employed at such
facilities are already required to go through a criminal history back-
ground check. This bill aims to correct the deficiency in the law so
that all employees are treated equally.
 
LEGISLATIVE HISTORY:
2023-24:S.5822/A.2971 Referred to Health/Referred to Health
2011-12:S.204/A.2033 Referred to Social Services/Referred to Health
2009-10:S.1418/A.2331 Referred to Social Services/Referred to Health
 
FISCAL IMPLICATIONS:
To be determined.
 
EFFECTIVE DATE:
This act shall take effect immediately.

Statutes affected:
S1396: 2899-a public health law, 2899-a(10) public health law