ASSEMBLY SENIOR ISSUES, TOURISM & GAMING COMMITTEE

 

STATEMENT TO

 

ASSEMBLY, No. 995

 

with committee amendments

 

STATE OF NEW JERSEY

 

DATED: JANUARY 29, 1996

 

      The Assembly Senior Issues, Tourism and Gaming Committee reports favorably and with committee amendments Assembly Bill No. 995.

      This bill bars persons who have been convicted of certain disorderly persons offenses or crimes from employment with certain facilities, home health care agencies, nurses' registries, employment agencies, or temporary help agencies which employ persons who serve the elderly. The bill defines facility to mean any facility or institution, whether public or private, offering health or health related services for the institutionalized elderly, and which is subject to regulation, visitation, inspection, or supervision by any government agency. Facility includes, but is not limited to, nursing homes, rehabilitation centers, residential health care facilities, general hospitals, special hospitals, chronic disease hospitals, psychiatric hospitals, developmental disabilities centers or facilities, day care facilities for the elderly, medical day care centers and licensed home health care agencies.

      Under the provisions of this bill, no person could: (1) be hired in a professional or non-professional capacity by a facility, whether public or private, offering health related services for the institutionalized elderly; or (2) provide any home health care services to the elderly, until the Commissioner of Health, in the case of a facility, and the Director of the Division of Consumer Affairs in the Department of Law and Public Safety, in the case of home health care agencies, nurses' registries, employment agencies, or temporary help agencies, determines that the person has not been convicted of any of the crimes or offenses set forth in the bill.

      These crimes or offenses include serious drug offenses as well as homicide, assault, kidnaping, robbery or theft. Criminal history record background checks would be initiated by the Department of Health or the Division of Consumer Affairs and completed by the State Police and the Federal Bureau of Investigation upon payment of the necessary fees.

      The applicant would have 30 days from the date of a disqualification notice to petition the Commissioner of Health or the Director of the Division of Consumer Affairs, as the case may be, for a hearing on the accuracy of the criminal records or to demonstrate his rehabilitation. Conditional employment for up to 180 days would be allowed during an applicant's background check if the applicant attests that he has not been convicted of any of the disqualifying offenses or crimes.

      This bill was pre-filed for introduction in the 1996 session pending technical review. As reported, the bill includes the changes required by technical review which has been performed.

 

COMMITTEE AMENDMENTS

 

      The committee amended the bill to include general hospitals in the definition of a "facility" to which the provisions of the bill apply. The committee amended the bill to provide two penalty sections, one applicable to facilities, the other applicable to home health care agencies, nurses' registries or employment agencies. The bill had contained one penalty section referring to two sections in different titles of the statutes. The committee also amended the bill to reconcile crossreferences to certain sections within the bill.