New York A 4596: Relates to criminal history records of maintenance employees in adult residential health and assisted living facilities

Bill Text

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A04596 Summary:

BILL NOA04596 

&nbsp

SAME ASSAME AS S01396

&nbsp

SPONSORJensen

&nbsp

COSPNSRMorinello

&nbsp

MLTSPNSR

&nbsp

Add §461-v, Soc Serv L; amd §§2899 & 2899-a, Pub Health L

&nbsp

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

Go to top A04596 Actions:

BILL NOA04596 

&nbsp

02/04/2025referred to health

01/07/2026referred to health

Go to topA04596 Committee&nbspVotes:

Go to topA04596 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA04596 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 4596

 2025-2026 Regular Sessions

 IN ASSEMBLY

 February 4, 2025
 ___________

 Introduced by M. of A. JENSEN -- read once and referred to the Committee
 on Health

 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

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. The social services law is amended by adding a new section
 2 461-v to read as follows:
 3 § 461-v. Access to criminal history records. 1. For the purposes of
 4 this section, the following terms shall have the following meanings:
 5 (a) "Maintenance employee" shall mean any individual to be employed or
 6 used by a provider, including those persons employed through a temporary
 7 employment or staffing agency, and who provide supportive maintenance
 8 services to such facility, included, but not limited to beautician,
 9 security, janitorial, laundry, recreational and groundskeeping services.
 10 Such term shall not include volunteers.
 11 (b) "Provider" shall mean an assisted living facility, residential
 12 health care facility, skilled nursing facility or any other type of
 13 facility that provides residential or institutional care to the elderly
 14 or disabled.
 15 2. Subject to the rules and regulations of the division of criminal
 16 justice services, the department of health shall have access to criminal
 17 history records maintained by such division pertaining to any mainte-
 18 nance employee or such persons as the department of health at any time
 19 deems necessary to determine their criminal histories.
 20 3. Every court in which a maintenance employee of a provider is
 21 convicted of a crime while performing their intended duties at such
 22 facility shall, within seven days after either the entry of a plea of
 23 guilty, or the verdict of the court or a jury, notify the department of
 24 health in writing of such conviction. The department of health, after

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD04347-01-5

 A. 4596 2

 1 receipt of such notification or at any time the department of health
 2 becomes aware of the conviction of such maintenance worker, shall have
 3 the authority, granted pursuant to subdivision one of this section, to
 4 have access to the criminal history records of such individual.
 5 4. Any request for criminal history records made pursuant to the
 6 provisions of this section shall be accompanied by the fingerprints of
 7 the person who is the subject of such request.
 8 § 2. Subdivisions 3 and 5 of section 2899 of the public health law, as
 9 amended by chapter 331 of the laws of 2006, are amended to read as
 10 follows:
 11 3. "Employee" shall mean any person to be employed or used by a
 12 provider, including those persons employed by a temporary employment
 13 agency, to provide direct care or supervision to patients or residents
 14 or an individual who serves as a maintenance employee as defined in
 15 section four hundred sixty-one-v of the social services law. Persons
 16 licensed pursuant to title eight of the education law or article twen-
 17 ty-eight-D of this chapter are excluded from the meaning of employee
 18 under this article. Such term shall not include volunteers.
 19 5. "Prospective employee" shall mean any individual, including a
 20 potential maintenance employee, not currently an employee, who files an
 21 application for employment as an employee with a provider and the
 22 pro