"Guidelines for NYS DOH Criminal History Record Checks (CHRC) Program"

DAL/HCBC #05-04 ("Dear Administrator Letter")

Criminal History Record Checks for Nursing Homes and Home Care Services Agencies

On December 2, 2004, the State Hospital Review and Planning Council adopted regulations mandating the use of criminal history record checks by operators of residential health care facilities, licensed home care agencies, certified home health agencies, long term home health care programs, personal care services agencies and AIDS home care programs. The State Commissioner of Health approved amendment to 10 NYCRR through Sections 400.23, 763.13, 766.11 and 18 NYCRR 505.14 which require operators to obtain a criminal history record report from the United States Attorney General (Attorney General) for all prospective employees prior to their employment. An employee is defined as any person employed by the facility or program, including those persons employed by a temporary employment agency, providing direct care or supervision to patients, other than those persons licensed under Title 8 of the Education Law or Article 28-D of the Public Health Law.

The procedures for the record check process are more fully detailed in the enclosed "Guidelines for NYS DOH Criminal History Record Checks (CHRC) Program."