Bill Text: NY A08127 | 2011-2012 | General Assembly | Amended

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Bill Title: Relates to limiting the work week of direct care workers.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Engrossed - Dead) 2012-05-15 - reported referred to ways and means [A08127 Detail]

Download: New_York-2011-A08127-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        8127--A
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                     June 2, 2011
                                      ___________
       Introduced by M. of A. ORTIZ, P. RIVERA -- read once and referred to the
         Committee  on  Mental  Health  --  committee discharged, bill amended,
         ordered reprinted as amended and recommitted to said committee
       AN ACT to amend the mental hygiene law, in relation to limiting the work
         week of direct care workers
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Section  13.19  of  the  mental hygiene law is amended by
    2  adding a new subdivision (f) to read as follows:
    3    (F) NOTWITHSTANDING ANY OTHER PROVISION OF LAW NO PROVIDER OPERATING A
    4  FACILITY LICENSED, OPERATED, OR CERTIFIED BY THE OFFICE SHALL REQUIRE  A
    5  DIRECT  CARE  WORKER  TO  WORK MORE THAN SIXTY HOURS IN A SEVEN DAY WORK
    6  WEEK EXCEPT IN CASES  OF  EXTRAORDINARY  EMERGENCY  INCLUDING,  BUT  NOT
    7  LIMITED TO, FIRE, FLOOD, OR DANGER TO LIFE OR PROPERTY. FOR THE PURPOSES
    8  OF  THIS  SUBDIVISION, "DIRECT CARE WORKER" SHALL MEAN AN EMPLOYEE WHOSE
    9  PRIMARY RESPONSIBILITY IS THE DAILY CARE OF, SUPERVISION OF, AND  INTER-
   10  ACTION  WITH  RESIDENTS OF A RESIDENTIAL FACILITY LICENSED, OPERATED, OR
   11  CERTIFIED BY THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES.
   12    S 2. This act shall take effect on the ninetieth day  after  it  shall
   13  have  become  a  law; provided, however, that effective immediately, the
   14  addition, amendment and/or repeal of any rule  or  regulation  necessary
   15  for  the implementation of this act on its effective date are authorized
   16  and directed to be made and completed on or before such effective date.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11758-02-1