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S1418Senate2009-2010 SessionSame asA2331

Relates to criminal history records of maintenance employees in adult residential health and assisted living facilities

Sponsor George D. MaziarzSD-62Affects Health
Status
In Senate Committee
Social Services
Impact
Pending
Passage
Pending

Bill progress

Step 2 of 7

In committee · Social Services

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Who cares

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Sponsors

Primary sponsor
George D. Maziarz

Senator · Senate District 62

No co-sponsors yet.

History

  1. Referred to social services
  2. Referred to social services

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

A2331Assembly

Relates to criminal history records of maintenance employees in adult residential health and assisted living facilities

In Assembly Committee · Health · Sponsor Bill Reilich

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

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 or general idea of bill

To provide criminal history background checks of supportive maintenance employees in adult residential health facilities and assisted living facilities, similar to checks completed on nursing home employees.

Summary of specific provisions

Amends the social services law by adding a new section 461-s that defines a maintenance employee as "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. This language excludes volunteers. Further defines a provider as "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."

Amends subdivisions three and five of section 2899 of the public health law to include maintenance employees within the current definitions of an "employee" and "prospective employee" and amends section 845-b of the executive law to include assisted living facilities under the list of providers who must complete a criminal history background check for maintenance employees.

Justification

Although maintenance and support staff in adult care facilities do not provide direct care to the elderly, frail or disabled, they often provide crucial services to these individuals. In particular, janitorial staff have direct contact with a resident's or patient's belongings and personal effects. By conducting criminal history background checks on these individuals, the Department of Health and the Division of Criminal Justice Services can adequately track support employees and their past criminal records. Because these employees currently do not have to undergo the same screening process as direct care workers, it is possible that assisted living facilities and other institutional facilities are hiring maintenance staff with numerous criminal actions against them. This bill seeks to rectify this issue.

Prior legislative history

New Bill.

Fiscal implications for state and local governments

To be determined.

Effective date

This bill shall take effect immediately.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.