Bill Text: NY A07806 | 2023-2024 | General Assembly | Introduced
Bill Title: Requires an annual statement of wage parity hours and expenses to be accompanied by an independent accountant's report on applying agreed upon procedures on the annual compliance statement of wage parity, hours and expenses prior to payments for home care services by government agencies.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-01-03 - referred to health [A07806 Detail]
Download: New_York-2023-A07806-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 7806 2023-2024 Regular Sessions IN ASSEMBLY June 15, 2023 ___________ Introduced by M. of A. STERN -- read once and referred to the Committee on Health AN ACT to amend the public health law, in relation to home care worker wage parity The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivisions 5 and 6 of section 3614-c of the public health 2 law, as amended by section 1 of part OO of chapter 56 of the laws of 3 2020, are amended to read as follows: 4 5. No payments by government agencies shall be made to certified home 5 health agencies, licensed home care services agencies, long term home 6 health care programs, managed care plans, fiscal intermediaries for any 7 episode of care without the certified home health agency, licensed home 8 care services agency, long term home health care program, managed care 9 plan or the fiscal intermediary, having delivered prior written certif- 10 ication to the commissioner annually, at a time prescribed by the 11 commissioner, on forms prepared by the department in consultation with 12 the department of labor, that all services provided under each episode 13 of care during the period covered by the certification are in full 14 compliance with the terms of this section and any regulations promulgat- 15 ed pursuant to this section and that no portion of the dollars spent or 16 to be spent to satisfy the wage or benefit portion under this section 17 shall be returned to the certified home health agency, licensed home 18 care services agency, long term home health care program, managed care 19 plan, or fiscal intermediary, related persons or entities, other than to 20 a home care aide as defined in this section to whom the wage or benefits 21 are due, as a refund, dividend, profit, or in any other manner. Such 22 written certification shall also verify that the certified home health 23 agency, long term home health care program, or managed care plan has 24 received from the licensed home care services agency, fiscal interme- 25 diary, or other third party an annual statement of wage parity hours and EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD10779-02-3A. 7806 2 1 expenses on a form provided by the department of labor accompanied by an 2 [independently-audited financial statement verifying such] independent 3 accountant's report on applying agreed upon procedures on the annual 4 compliance statement of wage parity, hours and expenses. 5 6. If a certified home health agency, long term home health care 6 program or managed care plan elects to provide home care aide services 7 through contracts with licensed home care services agencies, fiscal 8 intermediaries, or through other third parties, provided that the 9 episode of care on which the home care aide works is covered under the 10 terms of this section, the certified home health agency, long term home 11 health care program, or managed care plan shall include in its 12 contracts, a requirement that it be provided with a written certif- 13 ication, verified by oath, from the licensed home care services agency, 14 fiscal intermediary, or other third party, on forms prepared by the 15 department in consultation with the department of labor, which attests 16 to the licensed home care services agency's, fiscal intermediary's, or 17 other third party's compliance with the terms of this section. Such 18 contracts shall also obligate the licensed home care services agency, 19 fiscal intermediary, or other third party to provide the certified home 20 health agency, long term home health care program, or managed care plan 21 all information from the licensed home care services agency, fiscal 22 intermediary or other third party necessary to verify compliance with 23 the terms of this section, which shall include an annual compliance 24 statement of wage parity hours and expenses on a form provided by the 25 department of labor accompanied by an [independently-audited financial26statement verifying such] independent accountant's report on applying 27 agreed upon procedures on the annual compliance statement of wage pari- 28 ty, hours and expenses. Such annual statements shall be available no 29 less than annually for the previous calendar year, at a time as 30 prescribed by the commissioner. Such certifications, the information 31 necessary to verify compliance, and the annual compliance statement and 32 [financial statements] independent accountant's report on applying 33 agreed upon procedures on the annual compliance statement of wage pari- 34 ty, hours and expenses shall be retained by all certified home health 35 agencies, long term home health care programs, or managed care plans, 36 and all licensed home care services agencies, fiscal intermediaries, or 37 other third parties for a period of no less than ten years, and made 38 available to the department upon request. Any licensed home care 39 services agency, fiscal intermediary, or other third party who shall 40 upon oath verify any statement required to be transmitted under this 41 section and any regulations promulgated pursuant to this section which 42 is known by such party to be false shall be guilty of perjury and 43 punishable as provided by the penal law. 44 § 2. This act shall take effect immediately.
