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Sponsors
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History
- Signed chap.88
- Delivered to governor
- Returned to senate
- Passed assembly
- Ordered to third reading rules cal.314
- Substituted for A10382
- Referred to codes
- Delivered to assembly
- Passed senateVote 61–0
- Ordered to third reading cal.1636
- Committee discharged and committed to rules
- Referred to health
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.
Relates to criminal history record checks for employees of nursing home and home care service agencies
Assembly Floor Calendar · Sponsor Alicia Hyndman
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
Title of bill
An act to amend the public health law, in relation to the criminal history record check program for employees of nursing homes and home care service agencies
Purpose of bill
The intent of the legislation is to repeal the provision in Public Health Law (PHL) authorizing secondary dissemination of Federal Bureau of Investigation (FBI) criminal history record information to Department of Health (DOH) regulated providers. This is needed to ensure the uninterrupted FBI processing of DOH civil fingerprint submissions.
Summary of provisions
Section 1 of the bill would amend subdivision (7) of section 2899-a of the Public Health law to ensure that only records or information received from the Division of Criminal Justice Services (and not those provided by the FBI) are made available to regulated providers.
Section 2 would make it effective immediately.
Justification
Applicants for employment as unlicensed workers seeking employment in DOH regulated nursing homes, adult care facilities, certified home health agencies and long term care providers are presently subject to New York State and national FBI fingerprint based criminal history record checks. The results of the fingerprint checks are used by the DOH to make employment eligibility determinations in compliance with Executive Law section 845-b and Correction Law Article 23-A, thereby adding further protection to New York's most vulnerable aged or otherwise medically compromised population.
The present PHL statutory authority violates federal law and regulations with regard to the secondary dissemination of FBI criminal history record information to private entities. The Use and Dissemination of Criminal History Information, as referenced by Public Law 92-544 and 28 CFR 50.12(b), requires that records obtained under this authority be used solely for the purpose requested and not disseminated outside the receiving departments, regulated agencies, or other authorized entities. State statutes, such as the involved PHL statute, authorizing dissemination of this information violate the aforementioned federal statute and regulation, and therefore this legislation provides revisions to ensure the uninterrupted FBI processing of DOH civil fingerprint submissions.
Prior legislative history
This is a new bill.
Fiscal implications
None.
Effective date
Immediate.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.