Requires the review of the criminal history of prospective employees of adult homes, enriched housing programs or residences for adults; relates to the effectiveness

Summary of specific provisions

Section 1 amends section 38 of Part A of Chapter 60 of the Laws of 2014 to changes 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 facilities to the list of entities that may temporarily approve prospective employees while the results of a criminal history record check are pending, 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 facilities 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 facilities 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 background 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 requirement.

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 existing 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 residences in the State, the Department of Health needs additional time to add of all 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 sections two, three and four of this act shall take effect January 1, 2015.