NY State Senate Bill 2023-S5747

Senate Bill S5747

2023-2024 Legislative Session

Provides for the review of criminal history information of prospective residents of nursing homes

download bill text pdf

Current Bill Status - In Senate Committee Health 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to health
Mar 15, 2023	referred to health

2023-S5747 (ACTIVE) - Details

Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Add Art 28-F §§2899-b & 2899-c, Pub Health L; add §845-e, Exec L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S1623
2011-2012: S1123
2013-2014: S3086
2015-2016: S1929
2017-2018: S2287
2019-2020: S4428
2021-2022: S4757

2023-S5747 (ACTIVE) - Summary

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.

2023-S5747 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S5747

SPONSOR: PARKER
 
TITLE OF BILL:

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

 
PURPOSE:

To give nursing homes the authority to perform background checks on
prospective residents.

 
SUMMARY OF PROVISIONS:

Section 1: The public health law is amended by adding a new article
28-F.

Section 2: The executive law is amended by adding a new section 845-e.

Section 3: This act shall take effect on the first of September next

succeeding the date on which it shall have become a law.

 
JUSTIFICATION:

The safety of the residents of nursing homes is paramount. The govern-
ment needs to protect residents and be able to provide them with
adequate care while providing them with security and peace of mind.
However, there is no current law or statute in place to protect nursing
home residents from exposure to other residents who have recently been
released from prison. This bill would address the current situation by
ensuring that residents of nursing homes will not be exposed to danger-
ous formerly incarcerated individuals.  Allowing nursing homes the abil-
ity to perform thorough background checks would enable them to provide
adequate safety and peace of mind to nursing home residents and staff.

 
LEGISLATIVE HISTORY:

2021-22: S.4757- Referred to Health

2019-20: S.4428- Referred to Health

2017-18: S.2287- Referred to Health

2015-16: S.1929- Referred to Health

2013-14: S.3086- Referred to Health

2011-12: S.1123- Referred to Health

2009-10: S.1623- Referred to Health

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect on the first of September next succeeding the
date on which it shall have become a law.

2023-S5747 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5747
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              March 15, 2023
                                ___________
 
 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:
 
   Section 1. The public health law is amended by adding  a  new  article
 28-F to read as follows:
                               ARTICLE 28-F
                  REVIEW OF CRIMINAL HISTORY INFORMATION
                 OF PROSPECTIVE RESIDENTS OF NURSING HOMES
 SECTION 2899-B.  DEFINITIONS.
         2899-C.    REQUESTS  FOR CRIMINAL HISTORY INFORMATION CONCERNING
                    PROSPECTIVE RESIDENTS.
   § 2899-B. DEFINITIONS. AS USED IN THIS ARTICLE,  THE  FOLLOWING  WORDS
 AND PHRASES SHALL HAVE THE FOLLOWING MEANINGS:
   1. "CRIMINAL HISTORY INFORMATION" SHALL MEAN A RECORD OF PENDING CRIM-
 INAL  CHARGES,  CRIMINAL  CONVICTIONS  WHICH  HAVE  NOT  BEEN VACATED OR
 REVERSED, INFORMATION FROM THE FEDERAL  BUREAU  OF  INVESTIGATION  AS  A
 RESULT  OF  A  NATIONAL  CRIMINAL HISTORY RECORD CHECK, AND CERTIFICATES
 FILED PURSUANT TO SUBDIVISION TWO OF SECTION SEVEN HUNDRED FIVE  OF  THE
 CORRECTION  LAW  AND  WHICH THE DIVISION OF CRIMINAL JUSTICE SERVICES IS
 REQUIRED TO MAINTAIN  PURSUANT  TO  SUBDIVISION  SIX  OF  SECTION  EIGHT
 HUNDRED THIRTY-SEVEN OF THE EXECUTIVE LAW.
   2.  "DETERMINATION"  SHALL  MEAN  THE  DECISION MADE BY THE DEPARTMENT
 AFTER REVIEWING CRIMINAL HISTORY INFORMATION TO APPROVE OR DISAPPROVE  A
 PROSPECTIVE  RESIDENT'S ELIGIBILITY FOR RESIDENCE AT A NURSING HOME. ALL
 SUCH DETERMINATIONS SHALL BE  MADE  IN  ACCORDANCE  WITH  SECTION  EIGHT
 HUNDRED FORTY-FIVE-E OF THE EXECUTIVE LAW.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07433-01-3
 S. 5747                             2

 
   3.  "NURSING  HOME"  SHALL  MEAN  A NURSING HOME AS DEFINED IN SECTION
 TWENTY-EIGHT HUNDRED ONE OF THIS CHAPTER.
   4.  "PERMANENT  RECORD"  SHALL  MEAN  A PERMANENT, WRITTEN RECORD OF A
 DETERMINATION AND THE CRIMINAL HISTORY  INFORMATION  MAINTAINED  BY  THE
 DEPARTMENT FOR A PERIOD NOT TO EXCEED TEN YEARS.
   5.  "PROSPECTIVE  RESIDENT" SHALL MEAN ANY INDIVIDUAL, NOT CURRENTLY A
 RESIDENT, WHO FILES AN APPLICATION FOR RESIDENCE IN A NURSING  HOME  AND
 THE  NURSING HOME HAS A REASONABLE EXPECTATION TO ACCEPT SUCH INDIVIDUAL
 AS A RESIDENT.
   §  2899-C.  REQUESTS  FOR  CRIMINAL  HISTORY  INFORMATION   CONCERNING
 PROSPECTIVE  RESIDENTS. 1. A NURSING HOME SHALL REQUEST THAT THE DEPART-
 MENT CHECK, AND UPON SUCH REQUEST THE DEPARTMENT SHALL CHECK ITS  PERMA-
 NENT  RECORD ACCORDING TO THIS SECTION FOR A DETERMINATION ON A PROSPEC-
 TIVE RESIDENT. IF A PERMANENT RECORD DOES NOT EXIST FOR THE  PROSPECTIVE
 RESIDENT,  THE  DEPARTMENT  SHALL  BE  AUTHORIZED TO REQUEST AND RECEIVE
 CRIMINAL HISTORY INFORMATION CONCERNING THE  PROSPECTIVE  RESIDENT  FROM
 THE  DIVISION  OF  CRIMINAL  JUSTICE  SERVICES  IN  ACCORDANCE  WITH THE
 PROVISIONS OF SECTION EIGHT HUNDRED FORTY-FIVE-E OF THE  EXECUTIVE  LAW.
 ACCESS  TO  AND  THE  USE  OF  SUCH INFORMATION SHALL BE GOVERNED BY THE
 PROVISIONS OF SUCH SECTION. THE DIVISION OF CRIMINAL JUSTICE SERVICES IS
 AUTHORIZED TO SUBMIT FINGERPRINTS TO THE FEDERAL BUREAU OF INVESTIGATION
 FOR A NATIONAL CRIMINAL HISTORY RECORD CHECK.
   2. TO THE EXTENT PERMITTED BY LAW, A NURSING HOME  SHALL  REQUEST  AND
 RECEIVE  FROM  A  PROSPECTIVE  RESIDENT A SWORN STATEMENT DISCLOSING ANY
 PRIOR FINDING AS A SEX OFFENDER,  AS  DEFINED  IN  SECTION  ONE  HUNDRED
 SIXTY-EIGHT-A  OF  THE  CORRECTION  LAW,  OR ANY CRIMINAL CONVICTION THE
 SENTENCE FOR WHICH EXPIRED WITHIN THE PREVIOUS FIVE YEARS. NURSING HOMES
 SHALL EVALUATE SUCH STATEMENTS IN ALL RESIDENCE DECISIONS, INCLUDING ANY
 TEMPORARY APPROVALS ALLOWED UNDER SECTION EIGHT HUNDRED FORTY-FIVE-E  OF
 THE  EXECUTIVE  LAW  AND THE PROVISIONS OF THIS SECTION.  THE FAILURE OR
 REFUSAL OF ANY PROSPECTIVE RESIDENT TO PROVIDE ANY CONSENT,  INFORMATION
 OR  FINGERPRINTS NECESSARY FOR A DETERMINATION OF SUCH PROSPECTIVE RESI-
 DENT'S CRIMINAL HISTORY SHALL RESULT IN THE DENIAL  OF  ELIGIBILITY  FOR
 RESIDENCE AT THE NURSING HOME.
   3.  NO  PERSON WHO HAS BEEN FINGERPRINTED PURSUANT TO THIS ARTICLE AND
 WHOSE FINGERPRINTS REMAIN ON FILE WITH THE DIVISION OF CRIMINAL  JUSTICE
 SERVICES  SHALL  BE REQUIRED TO UNDERGO FINGERPRINTING FOR PURPOSES OF A
 NEW STATE CHECK REQUIRED BY THIS ARTICLE.
   4. THE COMMISSIONER SHALL PROMULGATE ALL RULES AND REGULATIONS  NECES-
 SARY  TO  IMPLEMENT  THE PROVISIONS OF THIS ARTICLE, WHICH SHALL INCLUDE
 CONVENIENT PROCEDURES FOR PROSPECTIVE RESIDENTS TO VERIFY  THE  ACCURACY
 OF  THEIR  CRIMINAL HISTORY INFORMATION AND, TO THE EXTENT AUTHORIZED BY
 LAW, TO HAVE ACCESS TO RELEVANT DOCUMENTS RELATED THERETO.
   5. THE DEPARTMENT MAY ACCEPT DIGITAL FINGERPRINT IMAGES OR  ANY  OTHER
 ACCEPTABLE  TECHNOLOGICAL DEVICES USED TO OBTAIN AND/OR TRANSMIT FINGER-
 PRINT IMAGES FOR THE PURPOSES OF THIS ARTICLE, AS PROVIDED  FOR  IN  THE
 RULES AND REGULATIONS ESTABLISHED BY THE COMMISSIONER PURSUANT TO SUBDI-
 VISION FOUR OF THIS SECTION. TO THE EXTENT FUNDS ARE AVAILABLE THEREFOR,
 GRANTS  TO  ASSIST  AND  FACILITATE  THE PURCHASE OF TECHNOLOGY SHALL BE
 AVAILABLE TO NURSING HOMES WHICH  DEMONSTRATE  THE  NEED  FOR  FINANCIAL
 ASSISTANCE AS DETERMINED BY THE DEPARTMENT.
   6.  THE  DEPARTMENT PROMPTLY SHALL MAKE ALL DETERMINATIONS AND ACTIONS
 REQUIRED BY SECTION EIGHT HUNDRED FORTY-FIVE-E OF THE EXECUTIVE LAW UPON
 RECEIPT OF  THE  INFORMATION  FROM  THE  DIVISION  OF  CRIMINAL  JUSTICE
 SERVICES  AND  THE FEDERAL BUREAU OF INVESTIGATION. THE DEPARTMENT SHALL
 CREATE A PERMANENT RECORD, UPDATE THE  INFORMATION  IN  ACCORDANCE  WITH
 S. 5747                             3

 SECTION  EIGHT  HUNDRED  FORTY-FIVE-E OF THE EXECUTIVE LAW AND MAKE SUCH
 RECORDS AVAILABLE TO NURSING HOMES PURSUANT TO THIS SECTION.
   7. THE DEPARTMENT SHALL ALLOW ALL NURSING HOMES ACCESS TO ANY DETERMI-
 NATION MADE UPON A PROSPECTIVE RESIDENT AT SUCH TIME AS SUCH PROSPECTIVE
 RESIDENT PRESENTS HIMSELF OR HERSELF TO SUCH NURSING HOME FOR RESIDENCE.
 IN  THE  EVENT  THAT  THE  PROSPECTIVE  RESIDENT  HAS A PERMANENT RECORD
 ALREADY ON FILE WITH THE DEPARTMENT, THIS INFORMATION PROMPTLY SHALL  BE
 MADE  AVAILABLE  TO THE NURSING HOME WHICH MAY PROVIDE RESIDENCE TO SUCH
 PROSPECTIVE RESIDENT.
   8. THE APPLICATION FEE FOR RESIDENCE IN A NURSING HOME  SHALL  INCLUDE
 AN  ADDITIONAL  SUM OF MONEY SUFFICIENT TO PAY FOR THE PROJECTED COST OF
 THE FEE ESTABLISHED BY LAW BY THE DIVISION OF CRIMINAL JUSTICE  SERVICES
 FOR  PROCESSING A CRIMINAL HISTORY INFORMATION CHECK, THE FEE IMPOSED BY
 THE FEDERAL BUREAU OF INVESTIGATION  FOR  A  NATIONAL  CRIMINAL  HISTORY
 CHECK, AND COSTS ASSOCIATED WITH OBTAINING FINGERPRINTS.
   §  2.  The  executive  law is amended by adding a new section 845-e to
 read as follows:
   § 845-E. REQUESTS FOR CRIMINAL HISTORY INFORMATION; PROSPECTIVE  NURS-
 ING HOME RESIDENTS. 1. AS USED IN THIS SECTION:
   (A)  "AUTHORIZED  PERSON"  MEANS  THE  ONE  INDIVIDUAL DESIGNATED BY A
 PROVIDER WHO IS AUTHORIZED  TO  REQUEST,  RECEIVE  AND  REVIEW  CRIMINAL
 HISTORY  INFORMATION  PURSUANT  TO  THIS  SECTION, EXCEPT THAT WHERE THE
 NUMBER OF APPLICATIONS RECEIVED BY A  PROVIDER  IS  SO  GREAT  THAT  ONE
 PERSON CANNOT REASONABLY PERFORM THE FUNCTIONS OF THE AUTHORIZED PERSON,
 A  PROVIDER  MAY  DESIGNATE  ONE  OR MORE ADDITIONAL PERSONS TO SERVE AS
 AUTHORIZED PERSONS PURSUANT TO THIS SECTION.
   (B) "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
 HEALTH  LAW, CRIMINAL HISTORY INFORMATION SHALL ALSO INCLUDE INFORMATION
 FROM THE FEDERAL BUREAU OF INVESTIGATION AS A RESULT OF A NATIONAL CRIM-
 INAL HISTORY RECORD CHECK.
   (C) "NURSING HOME" MEANS A NURSING HOME AS DEFINED IN SECTION  TWENTY-
 EIGHT HUNDRED ONE OF THE PUBLIC HEALTH LAW.
   (D) "PROSPECTIVE RESIDENT" MEANS ANY INDIVIDUAL, NOT CURRENTLY A RESI-
 DENT,  WHO  FILES AN APPLICATION FOR RESIDENCE IN A NURSING HOME AND THE
 NURSING HOME HAS A REASONABLE EXPECTATION TO ACCEPT SUCH INDIVIDUAL AS A
 RESIDENT.
   2. WHERE A NURSING HOME IS REQUIRED TO REQUEST  A  CHECK  OF  CRIMINAL
 HISTORY  INFORMATION  BY  THE  DEPARTMENT  OF HEALTH PURSUANT TO ARTICLE
 TWENTY-EIGHT-F OF THE PUBLIC HEALTH LAW, SUCH NURSING HOME 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.
   3.  (A) A NURSING HOME REQUIRED 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 NURSING HOME PURSUANT TO THIS SECTION AND
 REVIEW THE RESULTS OF SUCH CHECK. ONLY SUCH AUTHORIZED PERSON OR HIS  OR
 HER  DESIGNEE AND THE PROSPECTIVE RESIDENT TO WHOM SUCH CRIMINAL HISTORY
 INFORMATION RELATES SHALL HAVE ACCESS  TO  SUCH  INFORMATION;  PROVIDED,
 S. 5747                             4
 
 HOWEVER,  THAT  CRIMINAL  HISTORY INFORMATION RECEIVED BY A NURSING HOME
 MAY BE DISCLOSED TO OTHER PERSONS WHO ARE DIRECTLY PARTICIPATING IN  ANY
 DECISION  IN REGARD TO SUCH PROSPECTIVE RESIDENT; AND PROVIDED, FURTHER,
 THAT  SUCH  OTHER  PERSONS  SHALL ALSO BE SUBJECT TO THE CONFIDENTIALITY
 REQUIREMENTS AND ALL OTHER PROVISIONS OF THIS SECTION. IN  THE  CASE  OF
 REQUESTS  MADE  PURSUANT  TO ARTICLE TWENTY-EIGHT-F OF THE PUBLIC HEALTH
 LAW, ONLY INFORMATION AUTHORIZED FOR DISCLOSURE UNDER APPLICABLE FEDERAL
 LAWS SHALL BE TRANSMITTED TO THE NURSING HOME.  EACH NURSING HOME  SHALL
 SPECIFICALLY IDENTIFY TO THE DEPARTMENT OF HEALTH IN WRITING, IN ADVANCE
 OF  DISCLOSURE,  THE  AUTHORIZED  PERSON  AND  EACH  OTHER SUCH AGENT OR
 EMPLOYEE OF THE NURSING HOME 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  CONFIDEN-
 TIAL CRIMINAL HISTORY INFORMATION CONTAINED IN THE REPORT TO PERSONS NOT
 PERMITTED BY THIS SECTION TO RECEIVE SUCH INFORMATION SHALL BE GUILTY OF
 A MISDEMEANOR.
   (B)  A NURSING HOME REQUESTING A CHECK OF CRIMINAL HISTORY INFORMATION
 PURSUANT TO THIS SECTION SHALL DO SO BY COMPLETING  A  FORM  ESTABLISHED
 FOR  SUCH  PURPOSE  BY THE DEPARTMENT OF HEALTH IN CONSULTATION WITH THE
 DIVISION. SUCH FORM SHALL INCLUDE A SWORN STATEMENT  OF  THE  AUTHORIZED
 PERSON CERTIFYING THAT:
   (I)  THE  PERSON  FOR  WHOSE  CRIMINAL  HISTORY INFORMATION A CHECK IS
 REQUESTED IS A PROSPECTIVE RESIDENT FOR WHOM CRIMINAL  HISTORY  INFORMA-
 TION IS AVAILABLE BY LAW;
   (II)  THE  RESULTS  OF SUCH CRIMINAL HISTORY INFORMATION CHECK WILL BE
 USED BY THE NURSING HOME SOLELY FOR PURPOSES AUTHORIZED BY LAW; AND
   (III) THE NURSING HOME AND ITS AGENTS AND EMPLOYEES ARE AWARE  OF  AND
 WILL  ABIDE BY THE CONFIDENTIALITY REQUIREMENTS AND ALL OTHER PROVISIONS
 OF THIS ARTICLE.
   (C) A NURSING HOME REQUIRED TO REQUEST A CRIMINAL HISTORY  INFORMATION
 CHECK  PURSUANT  TO THIS SECTION SHALL INQUIRE OF A PROSPECTIVE RESIDENT
 IN THE MANNER AUTHORIZED BY SUBDIVISION SIXTEEN OF SECTION  TWO  HUNDRED
 NINETY-SIX  OF  THIS  CHAPTER.  PRIOR  TO REQUESTING SUCH INFORMATION, A
 NURSING HOME SHALL:
   (I) INFORM THE PROSPECTIVE RESIDENT IN WRITING THAT THE  NURSING  HOME
 IS  REQUIRED  TO REQUEST A CHECK OF HIS OR HER CRIMINAL HISTORY INFORMA-
 TION AND REVIEW THE RESULTS OF SUCH CHECK PURSUANT TO THIS SECTION;
   (II) INFORM THE PROSPECTIVE RESIDENT THAT HE OR SHE HAS THE  RIGHT  TO
 OBTAIN, REVIEW AND SEEK CORRECTION OF HIS OR HER CRIMINAL HISTORY INFOR-
 MATION UNDER REGULATIONS AND PROCEDURES ESTABLISHED BY THE DIVISION;
   (III)  OBTAIN THE SIGNED, INFORMED CONSENT OF THE PROSPECTIVE RESIDENT
 ON A FORM SUPPLIED BY THE DEPARTMENT OF HEALTH WHICH INDICATES THAT SUCH
 PROSPECTIVE RESIDENT HAS:
   (A) BEEN INFORMED OF THE RIGHT AND  PROCEDURES  NECESSARY  TO  OBTAIN,
 REVIEW AND SEEK CORRECTION OF HIS OR HER CRIMINAL HISTORY INFORMATION;
   (B)  BEEN INFORMED OF THE REASON FOR THE REQUEST FOR HIS OR HER CRIMI-
 NAL HISTORY INFORMATION;
   (C) CONSENTED TO SUCH REQUEST FOR A REPORT; AND
   (D) SUPPLIED ON THE FORM A CURRENT MAILING OR HOME ADDRESS.
   UPON RECEIVING SUCH WRITTEN CONSENT, THE NURSING HOME SHALL RECEIVE OR
 OBTAIN TWO SETS OF FINGERPRINTS OF SUCH PROSPECTIVE RESIDENT PURSUANT TO
 SUCH REGULATIONS AS MAY BE NECESSARY TO BE ESTABLISHED BY THE DEPARTMENT
 OF HEALTH IN CONSULTATION WITH THE DIVISION, AND PROMPTLY TRANSMIT  THEM
 TO SUCH DEPARTMENT.
   (D)  A  PROSPECTIVE  RESIDENT  MAY WITHDRAW HIS OR HER APPLICATION FOR
 RESIDENCE PURSUANT TO THIS  SECTION,  WITHOUT  PREJUDICE,  AT  ANY  TIME
 S. 5747                             5
 
 BEFORE  RESIDENCE  IS  PROVIDED,  REGARDLESS  OF WHETHER THE PROSPECTIVE
 RESIDENT OR NURSING HOME HAS REVIEWED SUCH PROSPECTIVE RESIDENT'S CRIMI-
 NAL HISTORY INFORMATION.
   4.   (A) THE DEPARTMENT OF HEALTH SHALL PAY THE PROCESSING FEE IMPOSED
 PURSUANT TO SUBDIVISION EIGHT-A OF SECTION EIGHT HUNDRED THIRTY-SEVEN OF
 THIS ARTICLE, AND ANY FEE IMPOSED BY  THE  FEDERAL  BUREAU  OF  INVESTI-
 GATION,  AND  SHALL  PROMPTLY SUBMIT THE FINGERPRINTS AND THE PROCESSING
 FEE TO THE DIVISION FOR ITS FULL SEARCH AND RETAIN PROCESSING,  AND  THE
 DIVISION  SHALL  IMMEDIATELY  FORWARD  THE  FINGERPRINTS  TO THE FEDERAL
 BUREAU OF INVESTIGATION FOR A NATIONAL CRIMINAL  HISTORY  RECORD  CHECK.
 THE DEPARTMENT OF HEALTH SHALL CHARGE A NURSING HOME A FEE, PAYABLE FROM
 THE  APPLICATION  FEE  OF THE APPROPRIATE PROSPECTIVE RESIDENT, EQUAL TO
 THE FEE ESTABLISHED BY LAW BY THE DIVISION  FOR  PROCESSING  A  CRIMINAL
 HISTORY  INFORMATION  CHECK AND THE FEE IMPOSED BY THE FEDERAL BUREAU OF
 INVESTIGATION FOR A NATIONAL CRIMINAL HISTORY CHECK.
   (B) THE DIVISION SHALL PROVIDE REQUESTED STATE CRIMINAL HISTORY INFOR-
 MATION TO THE DEPARTMENT OF HEALTH, WHICH IS  ALSO  AUTHORIZED  ALSO  TO
 RECEIVE CRIMINAL HISTORY INFORMATION FROM THE FEDERAL BUREAU OF INVESTI-
 GATION,  WITHIN THIRTY DAYS OF 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
 NURSING  HOME  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 PROSPECTIVE RESIDENT OBTAINED
 PURSUANT TO THIS SECTION.
   (C) THE DIVISION SHALL PROMPTLY FORWARD A SET OF THE PROSPECTIVE RESI-
 DENT'S FINGERPRINTS TO THE  FEDERAL  BUREAU  OF  INVESTIGATION  FOR  THE
 PURPOSE  OF  A  NATIONWIDE  CRIMINAL  HISTORY  RECORD CHECK TO DETERMINE
 WHETHER SUCH APPLICANT HAS BEEN CONVICTED OF A CRIMINAL OFFENSE  IN  ANY
 STATE OR FEDERAL JURISDICTION. THE DIVISION SHALL FORWARD THE RESULTS OF
 SUCH  NATIONWIDE SEARCH TO THE DEPARTMENT OF HEALTH IN THE SAME FORM AND
 MANNER AS THE CRIMINAL HISTORY REPORT CREATED AND PROVIDED BY THE  DIVI-
 SION PURSUANT TO THIS SECTION.
   (D)  CRIMINAL HISTORY INFORMATION PROVIDED BY THE DIVISION PURSUANT TO
 THIS SECTION SHALL BE FURNISHED ONLY BY CERTIFIED MAIL OR HAND DELIVERY,
 ADDRESSED TO THE DEPARTMENT OF HEALTH. SUCH INFORMATION AND THE ENVELOPE
 IN WHICH IT IS ENCLOSED, IF ANY, SHALL BE PROMINENTLY MARKED  "CONFIDEN-
 TIAL",  AND SHALL AT ALL TIMES BE MAINTAINED BY THE DEPARTMENT OF HEALTH
 IN A SECURE PLACE.
   5. AFTER REVIEWING ANY CRIMINAL HISTORY INFORMATION  PROVIDED  BY  THE
 DIVISION CONCERNING A SUBJECT INDIVIDUAL, THE DEPARTMENT OF HEALTH SHALL
 TAKE THE FOLLOWING ACTIONS:
   (A)  WHERE  THE  CRIMINAL HISTORY INFORMATION CONCERNING A PROSPECTIVE
 RESIDENT REVEALS A CONVICTION AT ANY TIME FOR A SEX OFFENSE  DEFINED  IN
 SUBDIVISION  TWO  OR  THREE  OF SECTION ONE HUNDRED SIXTY-EIGHT-A OF THE
 CORRECTION LAW, UNLESS THE  DEPARTMENT  OF  HEALTH  DETERMINES,  IN  ITS
 DISCRETION,  THAT  APPROVAL OF THE APPLICATION WILL NOT IN ANY WAY JEOP-
 ARDIZE THE HEALTH, SAFETY OR WELFARE OF THE RESIDENTS AND STAFF  OF  THE
 NURSING HOME.
   (B)  WHERE  THE  CRIMINAL HISTORY INFORMATION CONCERNING A PROSPECTIVE
 RESIDENT REVEALS A CONVICTION FOR A CRIME OTHER THAN ONE  SET  FORTH  IN
 PARAGRAPH  (A)  OF THIS SUBDIVISION, AND THE SENTENCE FOR SUCH CRIME WAS
 COMPLETED LESS THAN FIVE YEARS PRIOR TO THE APPLICATION, THE  DEPARTMENT
 OF  HEALTH  SHALL INFORM THE NURSING HOME OF SUCH CONVICTION, UNLESS THE
 DEPARTMENT OF HEALTH DETERMINES, IN ITS DISCRETION, THAT APPROVAL OF THE
 S. 5747                             6
 
 APPLICATION WILL NOT IN ANY WAY JEOPARDIZE THE HEALTH, SAFETY OR WELFARE
 OF THE RESIDENTS AND STAFF OF THE NURSING HOME.
   (C)  WHERE  THE  CRIMINAL HISTORY INFORMATION CONCERNING A PROSPECTIVE
 RESIDENT REVEALS A CONVICTION FOR A CRIME OTHER  THAN  ONE  SET  FOR  IN
 PARAGRAPH (A) OR (B) OF THIS SUBDIVISION, THE DEPARTMENT OF HEALTH SHALL
 NOT DISCLOSE SUCH INFORMATION TO THE NURSING HOME.
   (D)  WHERE THE DEPARTMENT OF HEALTH PROVIDES CRIMINAL HISTORY INFORMA-
 TION CONCERNING A PROSPECTIVE RESIDENT TO A NURSING  HOME,  THE  NURSING
 HOME SHALL NOTIFY THE PROSPECTIVE RESIDENT OF ITS RECEIPT OF SUCH INFOR-
 MATION.
   6.  ANY CRIMINAL HISTORY INFORMATION PROVIDED BY THE DIVISION, AND ANY
 SUMMARY OF THE CRIMINAL HISTORY INFORMATION PROVIDED BY  THE  DEPARTMENT
 OF HEALTH TO A NURSING HOME PURSUANT TO THIS SECTION IS CONFIDENTIAL AND
 SHALL NOT BE AVAILABLE FOR PUBLIC INSPECTION.  THE SUBJECT OF THE CRIMI-
 NAL  HISTORY  INFORMATION CHECK CONDUCTED PURSUANT TO THIS SECTION SHALL
 BE ENTITLED TO RECEIVE, UPON WRITTEN REQUEST, A COPY OF THE  SUMMARY  OF
 THE CRIMINAL HISTORY INFORMATION PROVIDED BY THE DEPARTMENT OF HEALTH TO
 THE NURSING HOME.
   7. PROVIDED THAT THE DEPARTMENT OF HEALTH OR A NURSING HOME REASONABLY
 AND  IN  GOOD  FAITH COMPLIES WITH THE PROVISIONS OF THIS SECTION, THERE
 SHALL BE NO CRIMINAL OR CIVIL LIABILITY ON THE PART OF AND NO  CAUSE  OF
 ACTION  FOR  DAMAGES  SHALL ACCRUE AGAINST THE DEPARTMENT OF HEALTH, ANY
 NURSING HOME OR EMPLOYEE THEREOF ON ACCOUNT OF, ARISING OUT OF OR RELAT-
 ING TO CRIMINAL HISTORY INFORMATION PURSUANT TO THIS SECTION, OR ANY ACT
 OR OMISSION RELATING TO CRIMINAL HISTORY INFORMATION  PURSUANT  TO  THIS
 SECTION.
   8.  FINGERPRINTS  RECEIVED  BY  THE  DIVISION PURSUANT TO THIS SECTION
 SHALL BE USED ONLY TO ASSIST THE DIVISION IN PROVIDING CRIMINAL  HISTORY
 INFORMATION TO THE DEPARTMENT OF HEALTH UNDER THIS SECTION.
   9.  THE  DEPARTMENT  OF  HEALTH  IN CONSULTATION WITH THE COMMISSIONER
 SHALL PROMULGATE ANY RULES AND REGULATIONS NECESSARY  TO  IMPLEMENT  THE
 PROVISIONS  OF  THIS  SECTION, WHICH SHALL INCLUDE CONVENIENT PROCEDURES
 FOR PERSONS TO PROMPTLY VERIFY THE ACCURACY OF  THEIR  CRIMINAL  HISTORY
 INFORMATION  AND,  TO  THE  EXTENT  AUTHORIZED BY LAW, TO HAVE ACCESS TO
 RELEVANT DOCUMENTS RELATED THERETO.
   § 3. This act shall  take  effect  on  the  first  of  September  next
 succeeding the date on which it shall have become a law.

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