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.
