§ 2899 — Definitions

§ 2899. Definitions. As used in this article, the following words and\nphrases shall have the following meanings:\n 1. "Criminal history information" shall mean a record of pending\ncriminal charges, criminal convictions which have not been vacated or\nreversed, information from the federal bureau of investigation as a\nresult of a national criminal history record check, and certificates\nfiled pursuant to subdivision two of section seven hundred five of the\ncorrection law and which the division of criminal justice services is\nrequired to maintain pursuant to subdivision six of section eight\nhundred thirty-seven of the executive law.\n 2. "Determination" shall mean the decision made by the department\nafter reviewing criminal history information to approve or disapprove a\nprospective employee's eligibility for employment by a provider. All\nsuch determinations shall be made in accordance with subdivision five of\nsection eight hundred forty-five-b of the executive law.\n 3. "Employee" shall mean any person to be employed or used by a\nprovider, including those persons employed by a temporary employment\nagency, to provide direct care or supervision to patients or residents.\nPersons licensed pursuant to title eight of the education law or article\ntwenty-eight-D of this chapter are excluded from the meaning of employee\nunder this article. Such term shall not include volunteers.\n 4. "Permanent record" shall mean a permanent, written record of a\ndetermination and the criminal history information maintained by the\ndepartment.\n 5. "Prospective employee" shall mean any individual, not currently an\nemployee, who files an application for employment as an employee with a\nprovider and the provider has a reasonable expectation to hire such\nindividual as an employee.\n * 6. "Provider" shall mean: (a) any residential health care facility\nlicensed under article twenty-eight of this chapter; or any certified\nhome health agency, licensed home care services agency or long term home\nhealth care program certified under article thirty-six of this chapter;\nany hospice program certified pursuant to article forty of this chapter;\nor any adult home, enriched housing program or residence for adults\nlicensed under article seven of the social services law; or (b) a health\nhome, or any subcontractor of such health home, who contracts with or is\napproved or otherwise authorized by the department to provide health\nhome services, including enrollees who are under twenty-one years of\nage, under section three hundred sixty-five-l of the social services\nlaw, except for a health home, or any subcontractor of such health home,\nwho contracts with or is approved or otherwise authorized by the\ndepartment to provide health home services to all those enrolled\npursuant to a diagnosis of a developmental disability as defined in\nsubdivision twenty-two of section 1.03 of the mental hygiene law; or any\nentity that provides home and community based services to enrollees who\nare under twenty-one years of age under a demonstration program pursuant\nto section eleven hundred fifteen of the federal social security act.\n * NB Effective until March 31, 2032\n * 6. "Provider" shall mean any residential health care facility\nlicensed under article twenty-eight of this chapter; or any certified\nhome health agency, licensed home care services agency or long term home\nhealth care program certified under article thirty-six of this chapter;\nor any adult home, enriched housing program or residence for adults\nlicensed under article seven of the social services law.\n * NB Effective March 31, 2032\n 7. "Temporary employee" shall mean any employee who has been\ntemporarily approved for employment pending a determination by the\ndepartment.\n