S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  10545

                          I N  A S S E M B L Y

                              June 1, 2016
                               ___________

Introduced  by COMMITTEE ON RULES -- (at request of M. of A. Cymbrowitz)
  -- (at request of the Office for the Aging) -- read once and  referred
  to the Committee on Aging

AN  ACT to amend the elder law and the executive law, in relation to the
  review of criminal history information by the  state  office  for  the
  aging of prospective volunteers and paid employees

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The elder law is amended by adding a  new  section  224  to
read as follows:
  S  224.  REVIEW OF CRIMINAL HISTORY INFORMATION CONCERNING PROSPECTIVE
VOLUNTEERS AND EMPLOYEES. 1. THE OFFICE FOR THE AGING SHALL  BE  AUTHOR-
IZED  TO RECEIVE FROM THE DIVISION OF CRIMINAL JUSTICE SERVICES CRIMINAL
HISTORY INFORMATION, AS SUCH TERM IS DEFINED IN PARAGRAPH (C) OF  SUBDI-
VISION  ONE  OF SECTION EIGHT HUNDRED FORTY-FIVE-B OF THE EXECUTIVE LAW,
AND INFORMATION FROM THE FEDERAL BUREAU OF INVESTIGATION RESULTING  FROM
A  NATIONAL  CRIMINAL HISTORY RECORD CHECK, ON EACH PROSPECTIVE EMPLOYEE
OR VOLUNTEER WHOSE DUTIES WILL INVOLVE THE PROVISION OF DIRECT  SERVICES
TO  OLDER  ADULTS THROUGH PROGRAMS ADMINISTERED BY THE OFFICE, INCLUDING
BUT NOT LIMITED TO COORDINATORS AND VOLUNTEERS PROVIDING DIRECT SERVICES
UNDER THE LONG TERM CARE OMBUDSMAN PROGRAM.
  2. ACCESS TO AND THE USE OF  CRIMINAL  HISTORY  INFORMATION  SHALL  BE
GOVERNED  BY THE PROVISIONS OF SECTION EIGHT HUNDRED FORTY-FIVE-B OF THE
EXECUTIVE LAW.
  S 2. Paragraph (c) of subdivision 1 of section 845-b of the  executive
law,  as  amended by chapter 769 of the laws 2005, is amended to read as
follows:
  (c) "Criminal history information" means a record of pending  criminal
charges,  criminal  convictions  which  are not vacated or reversed, and
certificates filed pursuant to subdivision two of section seven  hundred
five  of  the  correction  law,  and which the division is authorized to
maintain pursuant to subdivision six of section  eight  hundred  thirty-
seven  of this article. For the purposes of criminal history information
checks authorized pursuant  to  article  twenty-eight-E  of  the  public

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

                                                           LBD14163-02-6

A. 10545                            2

health law OR SECTION TWO HUNDRED TWENTY-FOUR OF THE ELDER LAW, criminal
history  information  shall  also  include  information from the federal
bureau of investigation as a  result  of  a  national  criminal  history
record check.
  S  3.  Subdivision 2 of section 845-b of the executive law, as amended
by section 5 of part F of chapter 501 of the laws of 2012, is amended to
read as follows:
  2. Where a provider is authorized or required to request  a  check  of
criminal history information by an authorized agency pursuant to section
16.33  or 31.35 of the mental hygiene law, article twenty-eight-E of the
public health law [or], subdivision one of section three hundred  seven-
ty-eight-a   of   the  social  services  law,  OR  SECTION  TWO  HUNDRED
TWENTY-FOUR OF THE ELDER LAW, such provider shall  proceed  pursuant  to
the  provisions  of  this  section  and  in a manner consistent with the
provisions of article twenty-three-A of the correction law, subdivisions
fifteen and sixteen of section two hundred ninety-six  of  this  chapter
and all other applicable laws.
  S  4. Paragraph (a) of subdivision 3 of section 845-b of the executive
law, as amended by chapter 769 of the laws of 2005, is amended  to  read
as follows:
  (a)  A  provider  authorized  to  request  a check of criminal history
information pursuant to subdivision two of this section shall  designate
one  authorized  person  who  shall  request a check of criminal history
information on behalf of such provider  pursuant  to  this  section  and
review  the results of such check. Only such authorized person or his or
her designee and the subject individual to whom  such  criminal  history
information  relates  shall  have  access to such information; provided,
however, that criminal history information received by a provider may be
disclosed to other persons who are directly participating in  any  deci-
sion  in  regard to such subject individual; and provided, further, that
such other persons shall also be subject to the confidentiality require-
ments and all other provisions of this section. In the case of  requests
made  pursuant  to  article  twenty-eight-E  of the public health law OR
SECTION TWO HUNDRED TWENTY-FOUR  OF  THE  ELDER  LAW,  only  information
authorized  for disclosure under applicable federal laws shall be trans-
mitted to the provider. Each provider shall specifically identify to the
authorized agency in writing, in advance of disclosure,  the  authorized
person  and  each  other  such  agent or employee of the provider who is
authorized to have access to the results of a check of criminal  history
information  pursuant  to this section. Any person who willfully permits
the release of any confidential criminal history  information  contained
in  the  report to persons not permitted by this section to receive such
information shall be guilty of a misdemeanor.
  S 5. Paragraphs (a) and (b) of subdivision 4 of section 845-b  of  the
executive  law,  as  amended  by  chapter  331  of the laws of 2006, are
amended to read as follows:
  (a) The authorized agency shall pay the processing fee imposed  pursu-
ant to subdivision eight-a of section eight hundred thirty-seven of this
article,  and  in  the case of the authorized agency pursuant to article
twenty-eight-E  of  the  public  health  law  OR  SECTION  TWO   HUNDRED
TWENTY-FOUR  OF  THE ELDER LAW, any fee imposed by the federal bureau of
investigation, and shall promptly submit the fingerprints and the  proc-
essing  fee  to  the division for its full search and retain processing,
and in the case of the authorized agency  pursuant  to  article  twenty-
eight-E  of  the public health law OR SECTION TWO HUNDRED TWENTY-FOUR OF
THE ELDER LAW, the division shall immediately forward  the  fingerprints

A. 10545                            3

to  the  federal bureau of investigation for a national criminal history
record check. The authorized agency may  charge  a  provider  a  fee  in
amount  no greater than the fee established pursuant to law by the divi-
sion  for  processing such a criminal history information check, in such
amounts as may be established by the authorized agency and  approved  by
the  director  of  the  division  of  the budget, and in the case of the
authorized agency pursuant  to  article  twenty-eight-E  of  the  public
health law OR SECTION TWO HUNDRED TWENTY-FOUR OF THE ELDER LAW, a fee no
greater  than  any  fee  imposed by the federal bureau of investigation.
Nothing in this section shall prohibit the authorized agency or provider
from claiming the cost of such fees and related costs, including  admin-
istrative  costs,  as  a  reimbursable cost under the medical assistance
program, Medicare or other payor, to the extent permitted by  state  and
federal law.
  (b)  The  division  shall  promptly  provide  requested state criminal
history information to the authorized agency  and,  in  accordance  with
article  twenty-eight-E of the public health law AND SECTION TWO HUNDRED
TWENTY-FOUR OF THE ELDER LAW, the department of health [is] AND THE  NEW
YORK  STATE  OFFICE  FOR THE AGING, RESPECTIVELY, ARE authorized also to
receive criminal history information from the federal bureau of investi-
gation, after the receipt of a request pursuant to this section if  such
request is:
  (i)  made pursuant to a request by an authorized person on behalf of a
provider authorized to make such a request pursuant to  subdivision  two
of this section;
  (ii) accompanied by the completed form described in this section; and
  (iii)  accompanied  by fingerprints of the subject individual obtained
pursuant to this section.
  S 6. Subdivision 8 of section 845-b of the executive law,  as  amended
by chapter 769 of the laws of 2005, is amended to read as follows:
  8.  A provider shall advise the authorized agency when a subject indi-
vidual is no longer subject to such check. The authorized  agency  shall
inform  the  division  when a subject individual is no longer subject to
such check so that the division may terminate its retain processing with
regard to such individual. At least once a year, the  authorized  agency
shall  be  required to conduct a validation of the records maintained by
the division, including information obtained from the federal bureau  of
investigation  pursuant  to  article twenty-eight-E of the public health
law OR SECTION TWO HUNDRED TWENTY-FOUR OF THE  ELDER  LAW,  and  provide
such  results  to  the  authorized  agency  for purposes of updating the
permanent record of such criminal history information results.
  S 7. This act shall take effect immediately.