New York S 4146: Provides for the review of criminal history information of prospective residents of nursing homes

Bill Text

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S04146 Summary:

BILL NOS04146 

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SAME ASNo Same As

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SPONSORPARKER

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COSPNSR

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MLTSPNSR

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Add Art 28-F §§2899-b & 2899-c, Pub Health L; add §845-f, Exec L

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Provides for the review of the criminal history information of prospective residents of nursing homes by the department of health to determine whether such prospective resident has a prior sex offense conviction or a recent completion of the sentence for a criminal conviction; requires in any such case information on such conviction shall be disclosed to the nursing home.

Go to top S04146 Actions:

BILL NOS04146 

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02/03/2025REFERRED TO HEALTH

01/07/2026REFERRED TO HEALTH

Go to topS04146 Committee&nbspVotes:

Go to topS04146 Floor&nbspVotes:

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

Go to topS04146 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 4146

 2025-2026 Regular Sessions

 IN SENATE

 February 3, 2025
 ___________

 Introduced by Sen. PARKER -- read twice and ordered printed, and when
 printed to be committed to the Committee on Health

 AN ACT to amend the public health law and the executive law, in relation
 to the review of criminal history information concerning prospective
 residents of nursing homes

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

 1 Section 1. The public health law is amended by adding a new article
 2 28-F to read as follows:
 3 ARTICLE 28-F
 4 REVIEW OF CRIMINAL HISTORY INFORMATION
 5 OF PROSPECTIVE RESIDENTS OF NURSING HOMES
 6 Section 2899-b. Definitions.
 7 2899-c. Requests for criminal history information concerning
 8 prospective residents.
 9 § 2899-b. Definitions. As used in this article, the following words
 10 and phrases shall have the following meanings:
 11 1. "Criminal history information" shall mean a record of pending crim-
 12 inal charges, criminal convictions which have not been vacated or
 13 reversed, information from the federal bureau of investigation as a
 14 result of a national criminal history record check, and certificates
 15 filed pursuant to subdivision two of section seven hundred five of the
 16 correction law and which the division of criminal justice services is
 17 required to maintain pursuant to subdivision six of section eight
 18 hundred thirty-seven of the executive law.
 19 2. "Determination" shall mean the decision made by the department
 20 after reviewing criminal history information to approve or disapprove a
 21 prospective resident's eligibility for residence at a nursing home. All
 22 such determinations shall be made in accordance with section eight
 23 hundred forty-five-f of the executive law.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD07740-01-5

 S. 4146 2

 1 3. "Nursing home" shall mean a nursing home as defined in section
 2 twenty-eight hundred one of this chapter.
 3 4. "Permanent record" shall mean a permanent, written record of a
 4 determination and the criminal history information maintained by the
 5 department for a period not to exceed ten years.
 6 5. "Prospective resident" shall mean any individual, not currently a
 7 resident, who files an application for residence in a nursing home and
 8 the nursing home has a reasonable expectation to accept such individual
 9 as a resident.
 10 § 2899-c. Requests for criminal history information concerning
 11 prospective residents. 1. A nursing home shall request that the depart-
 12 ment check, and upon such request the department shall check its perma-
 13 nent record according to this section for a determination on a prospec-
 14 tive resident. If a permanent record does not exist for the prospective
 15 resident, the department shall be authorized to request and receive
 16 criminal history information concerning the prospective resident from
 17 the division of criminal justice services in accordance with the
 18 provisions of section eight hundred forty-five-f of the executive law.
 19 Access to and the use of such information shall be governed by the
 20 provisions of such section. The division of criminal justice services is
 21 authorized to submit fingerprints to the federal bureau of investigation
 22 for a n