A04276 Summary:

BILL NOA04276
 
SAME ASNo Same As
 
SPONSORJensen
 
COSPNSRDurso, Brabenec, DeStefano
 
MLTSPNSRAngelino
 
Add §461-u, Soc Serv L; amd §§2899 & 2899-a, Pub Health L
 
Relates to criminal history records of maintenance employees in adult residential health and assisted living facilities.
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A04276 Actions:

BILL NOA04276
 
02/01/2021referred to health
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A04276 Committee Votes:

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A04276 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A4276
 
SPONSOR: Jensen
  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 and residential health facilities and assisted living facilities, like checks completed on nursing home employees.   SUMMARY OF SPECIFIC PROVISIONS: Amends the social services law by adding a new section 461-r 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 provided supportive maintenance services to such facility, included, but not limited to, beautician, security, janitorial, laundry, recreational and grounds keeping 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. Janitorial staffs have direct contact with a resident's or patient's belongings and personal effects. By conducting criminal history background checks on these indi- viduals, 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 the issue.   LEGISLATIVE HISTORY: A6040 of 2019/20 A5271 of 2017/18 A7124 of 2015/16 A2033 of 2011/12 A2331 of 2009/10 A9632 of 2007/08   FISCAL IMPLICATIONS: To be determined   EFFECTIVE DATE: This act shall take effect immediately.
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