Terms Used In New York Laws > Public Health > Article 28-E - Review of Criminal History Information Concerning Prospective Employees of Nursing Homes and Home Care Services Agencies

• Contract: A legal written agreement that becomes binding when signed.
• Conviction: A judgement of guilt against a criminal defendant.
• 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 § 705 of the correction law and which the division of criminal justice services is required to maintain pursuant to subdivision six of § 837 of the executive law. See N.Y. Public Health Law 2899
• 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. See N.Y. Public Health Law 2899
• 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. See N.Y. Public Health Law 2899
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Permanent record: shall mean a permanent, written record of a determination and the criminal history information maintained by the department. See N.Y. Public Health Law 2899
• 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. See N.Y. Public Health Law 2899
• 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 7 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 § 365-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 § 1. See N.Y. Public Health Law 2899
• Temporary employee: shall mean any employee who has been temporarily approved for employment pending a determination by the department. See N.Y. Public Health Law 2899