NY State Senate Bill 2017-S5300B

Senate Bill S5300B

2017-2018 Legislative Session

Requires certain entities to check the justice center's register of substantiated category one cases of abuse or neglect

download bill text pdf

Archive: Last Bill Status - In Senate Committee Mental Health And Developmental Disabilities Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 23, 2018	print number 5300b
May 23, 2018	amend and recommit to mental health and developmental disabilities
Mar 30, 2018	print number 5300a
Mar 30, 2018	amend and recommit to mental health and developmental disabilities
Jan 03, 2018	referred to mental health and developmental disabilities
Mar 20, 2017	referred to mental health and developmental disabilities

Bill Amendments

Original

B (Active)

2017-S5300 - Details

See Assembly Version of this Bill:: A11032
Current Committee:: Senate Mental Health And Developmental Disabilities
Law Section:: Social Services Law
Laws Affected:: Amd §§495 & 424-a, Soc Serv L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S6394, A7938
2021-2022: S7106, A7682

2017-S5300 - Summary

Requires certain entities to check the justice center's register of substantiated category one cases of abuse or neglect and prohibits certain providers of services from hiring employees who are on the register of substantiated category one cases of abuse or neglect.

2017-S5300 - Sponsor Memo

                                 BILL NUMBER:  S5300

 TITLE OF BILL :  An act to amend the social services law, in relation
to the requirement to check the justice center's register of
substantiated category one cases of abuse or neglect

 PURPOSE OF THE BILL :

This bill would require nursing homes, home care and long term home
health programs, children's camps, and adult care facilities that hire
staff to provide services to people with disabilities to check
relevant prospective employees against the Justice Center's register
of substantiated category one cases of abuse or neglect. The bill
would also allow a re-check of employees every six-months.

 SUMMARY OF PROVISIONS :

Section 1 of the bill would amend Social Services Law (SSL) § 495(2)
and (3) to add overnight, summer and traveling summer day camps for
children that are subject to Article 13 of the Public Health Law
(PHL), and health care providers listed in PHL § 2899(6) including
nursing homes, home care and long term home health programs, to the
list of facilities and providers authorized to check the register of
substantiated category one cases of abuse or neglect maintained by the
Justice Center. This section would also clarify that the operators of
overnight, summer day and traveling summer day camps, and not state or

local officials, are responsible for checking the Justice Center's
register for prospective employees and allows a re-check every six
months. Finally, this section would prohibit these entities from
hiring an individual who is on the register of substantiated category
one cases of abuse or neglect.

Section 2 of the bill would amend SSL § 424-a(7) to clarify that once
a prospective employee is listed on the Justice Center's registry, a
facility or provider is not required to conduct a subsequent check of
the Statewide Central Register for Child Abuse and Maltreatment
maintained by the Office of Children and Family Services.

Section 3 of the bill would make it effective one year after it is
signed into law.

 JUSTIFICATION :

While many providers and facilities are required to check the Justice
Center's Staff Exclusion List ("SEL") prior to hiring an employee,
there are some additional entities which provide services to
vulnerable populations that do not, but should, have access to the
SEL. This bill would add nursing homes, home care and long term home
health programs, children's camps and adult care facilities to the
list of entities that must check the SEL. Expanding access to the SEL
will provide these facilities and providers with critical information
when making decisions about allowing an individual to interact with
vulnerable persons. It also would prevent a person on the SEL who is
barred from working in a facility or provider agency under the Justice
Center's jurisdiction from seeking employment at a facility or program
providing services to vulnerable individuals that is not required or
authorized to check the SEL.

This bill would also authorize employers to conduct follow-up SEL
checks. Currently, there is no mechanism for a provider or facility to
check the SEL once an individual is hired. Often, individuals who
provide services to vulnerable persons work in more than one
facility.Therefore, if an individual is substantiated for category one
abuse or neglect in one setting, his or her other employer may not
have knowledge of that finding. Allowing subsequent checks of the SEL
by authorized entities would provide employers with important
information about the individuals working with vulnerable populations.
This language authorizing subsequent checks mirrors the language that
allows providers to re-check the Statewide Central Register for Child
Abuse and Maltreatment.

 PRIOR LEGISLATIVE HISTORY :

A similar version of this bill was introduced in the 2016 legislative
session (S.7414/A.10383).

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
The bill would take effect one year after it is signed into law.

2017-S5300 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5300
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              March 20, 2017
                                ___________
 
 Introduced  by  Sen.  ORTT  -- (at request of the Justice Center for the
   Protection of People with Special Needs) --  read  twice  and  ordered
   printed,  and  when printed to be committed to the Committee on Mental
   Health and Developmental Disabilities
 
 AN ACT to amend the social services law, in relation to the  requirement
   to  check  the justice center's register of substantiated category one
   cases of abuse or neglect
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Subdivisions 2 and 3 of section 495 of the social services
 law, as added by section 1 of part B of chapter 501 of the laws of 2012,
 are amended to read as follows:
   2. (A) All facility and provider agencies, other providers of services
 to vulnerable persons in programs licensed, certified or funded  by  any
 state  oversight  agency, OVERNIGHT, SUMMER DAY AND TRAVELING SUMMER DAY
 CAMPS FOR CHILDREN SUBJECT TO THE PROVISIONS OF  ARTICLE  THIRTEEN-B  OF
 THE  PUBLIC  HEALTH  LAW,  ANY  PROVIDER  DEFINED  IN SUBDIVISION SIX OF
 SECTION TWENTY-EIGHT HUNDRED NINETY-NINE OF THE PUBLIC HEALTH  LAW  and,
 EXCEPT FOR A STATE OR LOCAL GOVERNMENTAL OFFICIAL WHO RECEIVES AN APPLI-
 CATION  FOR A PERMIT TO OPERATE A CAMP THAT IS SUBJECT TO THE PROVISIONS
 OF ARTICLE THIRTEEN-B OF THE  PUBLIC  HEALTH  LAW,  other  provider  and
 licensing  agencies  as  defined in subdivision three or four of section
 four hundred twenty-four-a of this chapter shall check the  register  of
 substantiated  category one cases of abuse or neglect before determining
 whether to hire or otherwise allow any person as an  employee,  adminis-
 trator,  consultant,  intern,  volunteer or contractor who will have the
 potential for regular and substantial contact with a  service  recipient
 or  before  approving an applicant for a license, certificate, permit or
 other approval to provide care to a service recipient. (For state  enti-
 ties  bound by collective bargaining, such action established by collec-
 tive bargaining shall govern.)
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD10142-01-7

 S. 5300                             2
 
   (B) AN INQUIRY REGARDING ANY CURRENT EMPLOYEE, ADMINISTRATOR, CONSULT-
 ANT, INTERN, VOLUNTEER OR CONTRACTOR WHO WILL  HAVE  THE  POTENTIAL  FOR
 REGULAR  AND  SUBSTANTIAL  CONTACT  WITH A SERVICE RECIPIENT MAY BE MADE
 ONLY ONCE IN ANY SIX-MONTH PERIOD.
   3. If a person is listed on the register of substantiated category one
 cases  of  abuse or neglect, a facility or provider agency and all other
 providers of services to vulnerable  persons  in  programs  licensed  or
 certified  by any state oversight agency shall not hire such a person to
 have regular and substantial contact with a  service  recipient  in  any
 such  facility or program. OTHER PROVIDERS OF SERVICES DEFINED IN SUBDI-
 VISION TWO OF THIS SECTION, EXCEPT PROVIDERS OR  LICENSING  AGENCIES  AS
 DEFINED  IN  SUBDIVISION  THREE  OR FOUR OF SECTION FOUR HUNDRED TWENTY-
 FOUR-A OF THIS CHAPTER, SHALL NOT HIRE SUCH A PERSON IF THE  PROSPECTIVE
 EMPLOYEE  IS  LISTED ON THE REGISTER OF SUBSTANTIATED CATEGORY ONE CASES
 OF ABUSE OR NEGLECT. Other providers or licensing agencies as defined in
 subdivision three or four of section four hundred twenty-four-a of  this
 chapter  shall  determine whether to hire or allow such a person to have
 regular or substantial contact with a service  recipient  in  accordance
 with  the provisions of subdivision five of section four hundred twenty-
 four-a of this chapter.
   § 2. Subdivision 7 of section 424-a of the  social  services  law,  as
 added  by  section  8  of  part D of chapter 501 of the laws of 2012, is
 amended to read as follows:
   7. Any facility[,] OR provider agency,  [or  program]  AS  DEFINED  IN
 SUBDIVISION  FOUR  OF SECTION FOUR HUNDRED EIGHTY-EIGHT OF THIS CHAPTER,
 that is required to conduct an inquiry pursuant to section four  hundred
 ninety-five of this chapter BEFORE DETERMINING WHETHER TO HIRE OR OTHER-
 WISE ALLOW ANY PERSON AS AN EMPLOYEE, ADMINISTRATOR, CONSULTANT, INTERN,
 VOLUNTEER  OR  CONTRACTOR  WHO  WILL  HAVE THE POTENTIAL FOR REGULAR AND
 SUBSTANTIAL CONTACT WITH A SERVICE RECIPIENT  shall  first  conduct  the
 inquiry  required under such section. If the result of the inquiry under
 section four hundred ninety-five of this  chapter  is  that  the  person
 about whom the inquiry is made is on the register of substantiated cate-
 gory  one  cases of abuse or neglect and [the] SUCH facility or provider
 agency is required to deny the application in  accordance  with  article
 eleven  of  this  chapter,  the facility or provider agency shall not be
 required to make an inquiry of the office under this section.
   § 3. This act shall take effect one year after it shall have become  a
 law.

2017-S5300A - Details

See Assembly Version of this Bill:: A11032
Current Committee:: Senate Mental Health And Developmental Disabilities
Law Section:: Social Services Law
Laws Affected:: Amd §§495 & 424-a, Soc Serv L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S6394, A7938
2021-2022: S7106, A7682

2017-S5300A - Summary

2017-S5300A - Sponsor Memo

                                
 
BILL NUMBER: S5300A

SPONSOR: ORTT
 
TITLE OF BILL:

An act to amend the social services law, in relation to the requirement
to check the justice center's register of substantiated category one
cases of abuse or neglect

 
PURPOSE OF THE BILL:

This bill would require additional providers of services to people who
are vulnerable to abuse or neglect to check the register of substanti-
ated category one cases of abuse or neglect maintained by the Justice
Center for the Protection of People with Special Needs ("Justice
Center") before hiring employees or allowing persons to have regular and
substantial contact with a person with a disability, and would allow all
providers required to check such register to re-check it no more than
once in any six-month period.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill would amend Social Services Law (SSL) § 495(2) and
(3). A new paragraph (a) is added to subdivision 2 and language is
included to add entities to the list of facilities and providers author-
ized to check the register of substantiated category one cases of abuse
or neglect maintained by the Justice Center. These additional entities
are: overnight, summer and traveling summer day camps for children that
are subject to article thirteen of the Public Health Law (PHL) and
health care providers listed in PHL § 2899(6).  Subdivision 2 is also
amended to clarify that the operators of overnight, summer day and trav-
eling summer day camps, and not state or local officials, are responsi-
ble for checking the SEL for prospective employees.

Section 1 also adds a subparagraph (b) to subdivision 2 that would allow
all providers required to check such register to re-check it no more
than once in any six-month period.

Section 1 of the bill would also amend SSL § 495(3) to include language
to preclude the additional entities included in subdivision 2 from
hiring a person who is on the register of substantiated category one
cases of abuse or neglect for any position in which that person would
have the potential for regular and substantial contact with persons to
whom they would be providing care.

Section 2 of the bill would amend SSL § 424-a(7) to clarify that a
facility or provider as defined by SSL § 488(4) that is required to
check the register of substantiated category one cases of abuse or
neglect is not required to conduct a subsequent check of the Statewide
Central Register for Child Abuse and Maltreatment maintained by the
Office of Children and Family Services if the potential employee is on
such register.

Section 3 of the bill would make it effective one year after it is
signed into law.

 
JUSTIFICATION:


The Justice Center is responsible for maintaining a statewide register
of substantiated category one cases of abuse or neglect, known as the
Staff Exclusion List (SEL), which contains the names of individuals
found responsible for serious or repeated acts of abuse and neglect.  A
person can only be placed on the list after each allegation is thorough-
ly investigated and substantiated based upon a preponderance of
evidence. The staff person has an opportunity to appeal the decision
before permanently being placed on the SEL. There are currently approxi-
mately 399 individuals on the SEL who will be barred from future employ-
ment with any facility or provider agency under the jurisdiction of the
Justice Center. The SEL has already worked to keep individuals who are
on the list from working with vulnerable populations again. Since 2014,
the Justice Center has identified almost 100 individuals who were on the
SEL who attempted to secure subsequent employment in a setting under the
Justice Center's jurisdiction. Requiring providers to check the SEL
prevented these individuals who had already committed serious abuse or
neglect against a vulnerable person from again working with vulnerable
persons.

While many providers and facilities are required to check the SEL, there
are additional entities that provide services and care to vulnerable
populations that should have access to this information about potential
employees. Without access to the SEL, providers are not aware that a
potential employee may have a history of committing serious acts of
abuse or neglect against service recipients. This proposed legislation
would add nursing homes, home care and long term home health programs,
all children's camps and all adult care facilities to the list of enti-
ties that must check the SEL.  Currently, only children's camps that
serve twenty percent or more of children with developmental disabilities
and adult homes or enriched housing programs that have 80 or more beds
and in which at least twenty-five percent of the residents are persons
with serious mental illness are required to check the SEL. Expanding
access to the SEL to additional settings will give these facilities and
providers critical information when making decisions about allowing an
individual to interact with vulnerable persons. It also would address
the concern that persons on the SEL who are currently barred from work-
ing in a facility or provider agency under the Justice Center's juris-
diction will instead seek employment at a facility or program providing
services to vulnerable individuals that is not required or authorized to
check the SEL. The new language makes it clear that this prohibition on
hiring is limited to positions in which the employee would have the
potential for regular and substantial contact with persons to whom they
would be providing care.

The legislation also includes language to authorize subsequent checks of
the SEL by employers. Currently, there is no mechanism for a provider or
facility to check the SEL once an individual is hired.  Often, individ-
uals who provide services to vulnerable persons work in more than one
facility or program. If an individual is substantiated for category one
abuse or neglect in one setting, his or her other employer may not have
knowledge of that finding. Allowing subsequent checks of the SEL by
authorized entities would provide employers with important information
about the individuals working with vulnerable populations. This language
authorizing subsequent checks mirrors the language that allows providers
to re-check the Statewide Central Register for Child Abuse and Maltreat-
ment.

 
PRIOR LEGISLATIVE HISTORY:
A similar version of this bill was introduced in the 2016 and 2017
legislative sessions. This bill includes some technical amendments and
an extended effective date that was requested by the Department of
Health.

 
FISCAL IMPLICATIONS:

This bill would be implemented within existing resources. It would have
no impact on local governments.

 
EFFECTIVE DATE:
This bill would become effective one year after it is signed into law.

2017-S5300A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5300--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              March 20, 2017
                                ___________
 
 Introduced  by  Sen.  ORTT  -- (at request of the Justice Center for the
   Protection of People with Special Needs) --  read  twice  and  ordered
   printed,  and  when printed to be committed to the Committee on Mental
   Health and Developmental Disabilities -- recommitted to the  Committee
   on  Mental  Health  and  Developmental Disabilities in accordance with
   Senate Rule 6, sec. 8 -- committee discharged, bill  amended,  ordered
   reprinted as amended and recommitted to said committee
 
 AN  ACT to amend the social services law, in relation to the requirement
   to check the justice center's register of substantiated  category  one
   cases of abuse or neglect
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivisions 2 and 3 of section 495 of the social  services
 law, as added by section 1 of part B of chapter 501 of the laws of 2012,
 are amended to read as follows:
   2. (A) All facility and provider agencies, other providers of services
 to  vulnerable  persons in programs licensed, certified or funded by any
 state oversight agency, OVERNIGHT, SUMMER DAY AND TRAVELING  SUMMER  DAY
 CAMPS  FOR  CHILDREN  SUBJECT TO THE PROVISIONS OF ARTICLE THIRTEEN-B OF
 THE PUBLIC HEALTH LAW,  ANY  PROVIDER  DEFINED  IN  SUBDIVISION  SIX  OF
 SECTION  TWENTY-EIGHT  HUNDRED NINETY-NINE OF THE PUBLIC HEALTH LAW and,
 EXCEPT FOR A STATE OR LOCAL GOVERNMENTAL OFFICIAL WHO RECEIVES AN APPLI-
 CATION FOR A PERMIT TO OPERATE A CAMP THAT IS SUBJECT TO THE  PROVISIONS
 OF  ARTICLE  THIRTEEN-B  OF  THE  PUBLIC  HEALTH LAW, other provider and
 licensing agencies as defined in subdivision three or  four  of  section
 four  hundred  twenty-four-a of this chapter shall check the register of
 substantiated category one cases of abuse or neglect before  determining
 whether  to  hire or otherwise allow any person as an employee, adminis-
 trator, consultant, intern, volunteer or contractor who  will  have  the
 potential  for  regular and substantial contact with a service recipient
 or before approving an applicant for a license, certificate,  permit  or
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD10142-04-8

 S. 5300--A                          2
 
 other  approval to provide care to a service recipient. (For state enti-
 ties bound by collective bargaining, such action established by  collec-
 tive bargaining shall govern.)
   (B) AN INQUIRY REGARDING ANY CURRENT EMPLOYEE, ADMINISTRATOR, CONSULT-
 ANT,  INTERN,  VOLUNTEER  OR  CONTRACTOR WHO WILL HAVE THE POTENTIAL FOR
 REGULAR AND SUBSTANTIAL CONTACT WITH A SERVICE  RECIPIENT  MAY  BE  MADE
 ONLY ONCE IN ANY SIX-MONTH PERIOD.
   3. If a person is listed on the register of substantiated category one
 cases  of  abuse or neglect, a facility or provider agency and all other
 providers of services to vulnerable  persons  in  programs  licensed  or
 certified  by any state oversight agency shall not hire such a person to
 have regular and substantial contact with a  service  recipient  in  any
 such  facility or program. OTHER PROVIDERS OF SERVICES DEFINED IN SUBDI-
 VISION TWO OF THIS SECTION, EXCEPT PROVIDERS OR  LICENSING  AGENCIES  AS
 DEFINED  IN  SUBDIVISION  THREE  OR FOUR OF SECTION FOUR HUNDRED TWENTY-
 FOUR-A OF THIS CHAPTER, SHALL NOT HIRE SUCH A PERSON FOR ANY POSITION IN
 WHICH THE PERSON WOULD HAVE THE POTENTIAL FOR  REGULAR  AND  SUBSTANTIAL
 CONTACT  WITH  PERSONS  TO  WHOM  THEY  WOULD  BE PROVIDING CARE, IF THE
 PROSPECTIVE EMPLOYEE IS LISTED ON THE REGISTER OF SUBSTANTIATED CATEGORY
 ONE CASES OF ABUSE OR NEGLECT. Other providers or licensing agencies  as
 defined  in  subdivision  three  or four of section four hundred twenty-
 four-a of this chapter shall determine whether to hire or allow  such  a
 person  to  have regular or substantial contact with a service recipient
 in accordance with the provisions of subdivision five  of  section  four
 hundred twenty-four-a of this chapter.
   §  2.  Subdivision  7  of section 424-a of the social services law, as
 added by section 8 of part D of chapter 501 of  the  laws  of  2012,  is
 amended to read as follows:
   7.  Any  facility[,]  OR  provider  agency, [or program] AS DEFINED IN
 SUBDIVISION FOUR OF SECTION FOUR HUNDRED EIGHTY-EIGHT OF  THIS  CHAPTER,
 that  is required to conduct an inquiry pursuant to section four hundred
 ninety-five of this chapter BEFORE DETERMINING WHETHER TO HIRE OR OTHER-
 WISE ALLOW ANY PERSON AS AN EMPLOYEE, ADMINISTRATOR, CONSULTANT, INTERN,
 VOLUNTEER OR CONTRACTOR WHO WILL HAVE  THE  POTENTIAL  FOR  REGULAR  AND
 SUBSTANTIAL  CONTACT  WITH  A  SERVICE RECIPIENT shall first conduct the
 inquiry required under such section. If the result of the inquiry  under
 section  four  hundred  ninety-five  of  this chapter is that the person
 about whom the inquiry is made is on the register of substantiated cate-
 gory one cases of abuse or neglect and [the] SUCH facility  or  provider
 agency  is  required  to deny the application in accordance with article
 eleven of this chapter, the facility or provider  agency  shall  not  be
 required to make an inquiry of the office under this section.
   §  3. This act shall take effect one year after it shall have become a
 law.

2017-S5300B (ACTIVE) - Details

See Assembly Version of this Bill:: A11032
Current Committee:: Senate Mental Health And Developmental Disabilities
Law Section:: Social Services Law
Laws Affected:: Amd §§495 & 424-a, Soc Serv L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S6394, A7938
2021-2022: S7106, A7682

2017-S5300B (ACTIVE) - Summary

2017-S5300B (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S5300B

SPONSOR: ORTT
 
TITLE OF BILL:  An act to amend the social services law, in relation
to the requirement to check the justice center's register of substanti-
ated category one cases of abuse or neglect

 
PURPOSE OF THE BILL:

This bill would require additional providers of services to people who
are vulnerable to abuse or neglect to check the register of substanti-
ated category one cases of abuse or neglect maintained by the Justice
Center for the Protection of People with Special Needs ("Justice
Center") before hiring employees or allowing persons to have regular and
substantial contact with a person with a disability, and would allow all
providers required to check such register to re-check it no more than
once in any six-month period.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill would amend Social Services Law (SSL) § 495(2) and

(3). A new paragraph (a) is added to subdivision 2 and language is
included to add entities to the list of facilities and providers author-
ized to check the register of substantiated category one cases of abuse
or neglect maintained by the Justice Center. These additional entities
are: overnight, summer and traveling summer day camps for children that
are subject to article thirteen of the Public Health Law (PHL) and
health care providers listed in PHL § 2899(6).  Subdivision 2 is also
amended to clarify that the operators of overnight, summer day and trav-
eling summer day camps, and not state or local officials, are responsi-
ble for checking the SEL for prospective employees.

Section 1 also adds a subparagraph (b) to subdivision 2 that would allow
all providers required to check such register to re-check it no more
than once in any six-month period.

Section 1 of the bill would also amend SSL § 495(3) to include language
to preclude the additional entities included in subdivision 2 from
hiring a person who is on the register of substantiated category one
cases of abuse or neglect for any position in which that person would
have the potential for regular and substantial contact with persons to
whom they would be providing care.

Section 2 of the bill would amend SSL § 424-a(7) to clarify that a
facility or provider as defined by SSL § 488(4) that is required to
check the register of substantiated category one cases of abuse or
neglect is not required to conduct a subsequent check of the Statewide
Central Register for Child Abuse and Maltreatment maintained by the
Office of Children and Family Services if the potential employee is on
such register.

Section 3 of the bill would make it effective one year after it is
signed into law.

 
JUSTIFICATION:

The Justice Center is responsible for maintaining a statewide register
of substantiated category one cases of abuse or neglect, known as the
Staff Exclusion List (SEL), which contains the names of individuals
found responsible for serious or repeated acts of abuse and neglect. A
person can only be placed on the list after each allegation is thorough-
ly investigated and substantiated based upon a preponderance of
evidence. The staff person has an opportunity to appeal the decision
before permanently being placed on the SEL. There are currently approxi-
mately 399 individuals on the SEL who will be barred from future employ-
ment with any facility or provider agency under the jurisdiction of the
Justice Center. The SEL has already worked to keep individuals who are
on the list from working with vulnerable populations again. Since 2014,
the Justice Center has identified almost 100 individuals who were on the
SEL who attempted to secure subsequent employment in a setting under the
Justice Center's jurisdiction. Requiring providers to check the SEL
prevented these individuals who had already committed serious abuse or
neglect against a vulnerable person from again working with vulnerable
persons.

While many providers and facilities are required to check the SEL, there
are additional entities that provide services and care to vulnerable
populations that should have access to this information about potential
employees. Without access to the SEL, providers are not aware that a
potential employee may have a history of committing serious acts of
abuse or neglect against service recipients. This proposed legislation
would add nursing homes, home care and long term home health programs,
all children's camps and all adult care facilities to the list of enti-
ties that must check the SEL.  Currently, only children's camps that
serve twenty percent or more of children with developmental disabilities
and adult homes or enriched housing programs that have 80 or more beds
and in which at least twenty-five percent of the residents are persons
with serious mental illness are required to check the SEL. Expanding
access to the SEL to additional settings will give these facilities and
providers critical information when making decisions about allowing an
individual to interact with vulnerable persons. It also would address
the concern that persons on the SEL who are currently barred from work-
ing in a facility or provider agency under the Justice Center's juris-
diction will instead seek employment at a facility or program providing
services to vulnerable individuals that is not required or authorized to
check the SEL. The new language makes it clear that this prohibition on
hiring is limited to positions in which the employee would have the
potential for regular and substantial contact with persons to whom they
would be providing care.

The legislation also includes language to authorize subsequent checks of
the SEL by employers. Currently, there is no mechanism for a provider or
facility to check the SEL once an individual is hired.  Often, individ-
uals who provide services to vulnerable persons work in more than one
facility or program. If an individual is substantiated for category one
abuse or neglect in one setting, his or her other employer may not have
knowledge of that finding. Allowing subsequent checks of the SEL by
authorized entities would provide employers with important information
about the individuals working with vulnerable populations. This language
authorizing subsequent checks mirrors the language that allows providers
to re-check the Statewide Central Register for Child Abuse and Maltreat-
ment.

 
PRIOR LEGISLATIVE HISTORY:

A similar version of this bill was introduced in the 2016 and 2017
legislative sessions.  This bill includes some technical amendments and
an extended effective date that was requested by the Department of
Health.

 
FISCAL IMPLICATIONS:

This bill would be implemented within existing resources. It would have
no impact on local governments.

 
EFFECTIVE DATE:
This bill would become effective one year after it is signed into law.

2017-S5300B (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5300--B
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              March 20, 2017
                                ___________
 
 Introduced  by  Sen.  ORTT  -- (at request of the Justice Center for the
   Protection of People with Special Needs) --  read  twice  and  ordered
   printed,  and  when printed to be committed to the Committee on Mental
   Health and Developmental Disabilities -- recommitted to the  Committee
   on  Mental  Health  and  Developmental Disabilities in accordance with
   Senate Rule 6, sec. 8 -- committee discharged, bill  amended,  ordered
   reprinted  as  amended  and recommitted to said committee -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN ACT to amend the social services law, in relation to the  requirement
   to  check  the justice center's register of substantiated category one
   cases of abuse or neglect
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Subdivisions 2 and 3 of section 495 of the social services
 law, as added by section 1 of part B of chapter 501 of the laws of 2012,
 are amended to read as follows:
   2. (A) All facility and provider agencies, other providers of services
 to vulnerable persons in programs licensed, certified or funded  by  any
 state  oversight  agency, OVERNIGHT, SUMMER DAY AND TRAVELING SUMMER DAY
 CAMPS FOR CHILDREN SUBJECT TO THE PROVISIONS OF  ARTICLE  THIRTEEN-B  OF
 THE PUBLIC HEALTH LAW, ANY PROVIDER DEFINED IN PARAGRAPH (A) OF SUBDIVI-
 SION  SIX  OF  SECTION  TWENTY-EIGHT  HUNDRED  NINETY-NINE OF THE PUBLIC
 HEALTH LAW and, EXCEPT FOR A STATE OR LOCAL  GOVERNMENTAL  OFFICIAL  WHO
 RECEIVES  AN  APPLICATION FOR A PERMIT TO OPERATE A CAMP THAT IS SUBJECT
 TO THE PROVISIONS OF ARTICLE THIRTEEN-B OF THE PUBLIC HEALTH LAW,  other
 provider  and licensing agencies as defined in subdivision three or four
 of section four hundred twenty-four-a of this chapter  shall  check  the
 register  of substantiated category one cases of abuse or neglect before
 determining whether to hire or otherwise allow any person as an  employ-
 ee,  administrator, consultant, intern, volunteer or contractor who will
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD10142-05-8

 S. 5300--B                          2
 
 have the potential for regular and substantial contact  with  a  service
 recipient  or  before approving an applicant for a license, certificate,
 permit or other approval to provide care to a  service  recipient.  (For
 state  entities  bound by collective bargaining, such action established
 by collective bargaining shall govern.)
   (B) AN INQUIRY REGARDING ANY CURRENT EMPLOYEE, ADMINISTRATOR, CONSULT-
 ANT, INTERN, VOLUNTEER OR CONTRACTOR WHO WILL  HAVE  THE  POTENTIAL  FOR
 REGULAR  AND  SUBSTANTIAL  CONTACT  WITH A SERVICE RECIPIENT MAY BE MADE
 ONLY ONCE IN ANY SIX-MONTH PERIOD.
   3. If a person is listed on the register of substantiated category one
 cases of abuse or neglect, a facility or provider agency and  all  other
 providers  of  services  to  vulnerable  persons in programs licensed or
 certified by any state oversight agency shall not hire such a person  to
 have  regular  and  substantial  contact with a service recipient in any
 such facility or program. OTHER PROVIDERS OF SERVICES DEFINED IN  SUBDI-
 VISION  TWO  OF  THIS SECTION, EXCEPT PROVIDERS OR LICENSING AGENCIES AS
 DEFINED IN SUBDIVISION THREE OR FOUR OF  SECTION  FOUR  HUNDRED  TWENTY-
 FOUR-A OF THIS CHAPTER, SHALL NOT HIRE SUCH A PERSON FOR ANY POSITION IN
 WHICH  THE  PERSON  WOULD HAVE THE POTENTIAL FOR REGULAR AND SUBSTANTIAL
 CONTACT WITH PERSONS TO WHOM  THEY  WOULD  BE  PROVIDING  CARE,  IF  THE
 PROSPECTIVE EMPLOYEE IS LISTED ON THE REGISTER OF SUBSTANTIATED CATEGORY
 ONE  CASES OF ABUSE OR NEGLECT. Other providers or licensing agencies as
 defined in subdivision three or four of  section  four  hundred  twenty-
 four-a  of  this chapter shall determine whether to hire or allow such a
 person to have regular or substantial contact with a  service  recipient
 in  accordance  with  the provisions of subdivision five of section four
 hundred twenty-four-a of this chapter.
   § 2. Subdivision 7 of section 424-a of the  social  services  law,  as
 added  by  section  8  of  part D of chapter 501 of the laws of 2012, is
 amended to read as follows:
   7. Any facility[,] OR provider agency,  [or  program]  AS  DEFINED  IN
 SUBDIVISION  FOUR  OF SECTION FOUR HUNDRED EIGHTY-EIGHT OF THIS CHAPTER,
 that is required to conduct an inquiry pursuant to section four  hundred
 ninety-five of this chapter BEFORE DETERMINING WHETHER TO HIRE OR OTHER-
 WISE ALLOW ANY PERSON AS AN EMPLOYEE, ADMINISTRATOR, CONSULTANT, INTERN,
 VOLUNTEER  OR  CONTRACTOR  WHO  WILL  HAVE THE POTENTIAL FOR REGULAR AND
 SUBSTANTIAL CONTACT WITH A SERVICE RECIPIENT  shall  first  conduct  the
 inquiry  required under such section. If the result of the inquiry under
 section four hundred ninety-five of this  chapter  is  that  the  person
 about whom the inquiry is made is on the register of substantiated cate-
 gory  one  cases of abuse or neglect and [the] SUCH facility or provider
 agency is required to deny the application in  accordance  with  article
 eleven  of  this  chapter,  the facility or provider agency shall not be
 required to make an inquiry of the office under this section.
   § 3. This act shall take effect one year after it shall have become  a
 law.

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