NY Pub Health L § 2899 (2021)
2021 New York Laws PBH - Public Health Article 28-E - Review of Criminal History Information Concerning Prospective Employees of Nursing Homes and Home Care Services Agencies 2899 - Definitions.

§  2899. 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   criminal  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  employee's  eligibility  for  employment by a provider. All   such determinations shall be made in accordance with subdivision five of   section eight hundred forty-five-b of the executive law.3. "Employee" shall mean any person  to  be  employed  or  used  by  a   provider,  including  those  persons  employed by a temporary employment   agency, to provide direct care or supervision to patients or  residents.   Persons licensed pursuant to title eight of the education law or article   twenty-eight-D of this chapter are excluded from the meaning of employee   under this article. Such term shall not include volunteers.4.  "Permanent  record"  shall  mean  a permanent, written record of a   determination and the criminal history  information  maintained  by  the   department.5.  "Prospective employee" shall mean any individual, not currently an   employee, who files an application for employment as an employee with  a   provider  and  the  provider  has  a reasonable expectation to hire such   individual as an employee.* 6. "Provider" shall mean: (a) any residential health  care  facility   licensed  under  article  twenty-eight of this chapter; or any certified   home health agency, licensed home care services agency or long term home   health care program certified under article thirty-six of this  chapter;   any hospice program certified pursuant to article forty of this chapter;   or  any  adult  home,  enriched  housing program or residence for adults   licensed under article seven of the social services law; or (b) a health   home, or any subcontractor of such health home, who contracts with or is   approved or otherwise authorized by the  department  to  provide  health   home  services,  including  enrollees  who are under twenty-one years of   age, under section three hundred sixty-five-l  of  the  social  services   law, except for a health home, or any subcontractor of such health home,   who  contracts  with  or  is  approved  or  otherwise  authorized by the   department to  provide  health  home  services  to  all  those  enrolled   pursuant  to  a  diagnosis  of  a developmental disability as defined in   subdivision twenty-two of section 1.03 of the mental hygiene law; or any   entity that provides home and community based services to enrollees  who   are under twenty-one years of age under a demonstration program pursuant   to section eleven hundred fifteen of the federal social security act.* NB Effective until March 31, 2023* 6.  "Provider"  shall  mean  any  residential  health  care facility   licensed under article twenty-eight of this chapter;  or  any  certified   home health agency, licensed home care services agency or long term home   health  care program certified under article thirty-six of this chapter;   or any adult home, enriched housing  program  or  residence  for  adults   licensed under article seven of the social services law.* NB Effective March 31, 20237.   "Temporary  employee"  shall  mean  any  employee  who  has  been   temporarily approved for  employment  pending  a  determination  by  the   department.