2023 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, 2032
* 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, 2032
7.   "Temporary  employee"  shall  mean  any  employee  who  has  been
  temporarily approved for  employment  pending  a  determination  by  the
  department.