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

                                  7194

                            I N  S E N A T E

                              April 6, 2016
                               ___________

Introduced by Sen. SERINO -- (at request of the Office for the Aging) --
  read  twice  and  ordered printed, and when printed to be committed 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

S. 7194                             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

S. 7194                             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.