Bill Text: NY A07846 | 2017-2018 | General Assembly | Introduced

New York Assembly Bill 7846 (Prior Session Legislation)

Introduced

Bill Title: Requires that a hospice program providing hospice care in a patient's home shall comply with the home care services worker registry.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Passed) 2017-08-21 - signed chap.206 [A07846 Detail]

Download: New_York-2017-A07846-Introduced.html

                STATE OF NEW YORK
        ________________________________________________________________________
                                          7846
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                      May 17, 2017
                                       ___________
        Introduced  by  M. of A. GOTTFRIED, LUPARDO -- read once and referred to
          the Committee on Health
        AN ACT to amend the public health law, in relation to requiring  that  a
          hospice  program  providing  hospice  care  in  a patient's home shall
          comply with the home care services worker registry
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Paragraph  (a)  of  subdivision  1 of section 3613 of the
     2  public health law, as amended by chapter 471 of the  laws  of  2016,  is
     3  amended to read as follows:
     4    (a)  "Home  care services entity" means a home care services agency or
     5  other entity providing home care services subject  to  this  article  or
     6  exempt  under  section  thirty-six  hundred nineteen of this article, [a
     7  hospice program certified pursuant to  article  forty  of  this  chapter
     8  providing  routine  care  at  home  under  the  hospice  benefit,] or an
     9  enhanced assisted living residence licensed under article seven  of  the
    10  social  services  law  and  certified  under article forty-six-B of this
    11  chapter providing enhanced assisted living services.  A hospice  program
    12  under  article  forty  of  this  chapter  providing  hospice  care  in a
    13  patient's home shall be considered a home care services entity only  for
    14  the purpose of compliance with the home care services worker registry.
    15    §  2.  The public health law is amended by adding a new section 4013-b
    16  to read as follows:
    17    § 4013-b. Home  care  services  worker  registry.  A  hospice  program
    18  providing  hospice  care  in a patient's home shall comply with the home
    19  care services worker registry under section thirty-six hundred  thirteen
    20  of this chapter.
    21    §  3.  Subdivision  10  of section 2899-a of the public health law, as
    22  amended by chapter 94 of the  laws  of  2014,  is  amended  to  read  as
    23  follows:
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11454-01-7

        A. 7846                             2
     1    10.  Notwithstanding  subdivision  eleven  of  section  eight  hundred
     2  forty-five-b of the executive  law,  a  certified  home  health  agency,
     3  licensed home care services agency or long term home health care program
     4  certified, licensed or approved under article thirty-six of this chapter
     5  or  a  home  care services agency exempt from certification or licensure
     6  under article thirty-six of this chapter, a hospice program under  arti-
     7  cle forty of this chapter, or an adult home, enriched housing program or
     8  residence for adults licensed under article seven of the social services
     9  law, may temporarily approve a prospective employee while the results of
    10  the  criminal  history information check and the determination are pend-
    11  ing, upon the condition that the provider  conducts  appropriate  direct
    12  observation and evaluation of the temporary employee, while he or she is
    13  temporarily employed, and the care recipient. The results of such obser-
    14  vations  shall  be documented in the temporary employee's personnel file
    15  and shall be maintained. For  purposes  of  providing  such  appropriate
    16  direct  observation  and evaluation, the provider shall utilize an indi-
    17  vidual employed by such provider with a minimum of one year's experience
    18  working in an agency certified, licensed or approved under article thir-
    19  ty-six of this chapter or an adult home,  enriched  housing  program  or
    20  residence for adults licensed under article seven of the social services
    21  law.  If  the  temporary employee is working under contract with another
    22  provider certified, licensed or approved  under  article  thirty-six  of
    23  this  chapter,  such  contract provider's appropriate direct observation
    24  and evaluation of the temporary employee, shall be considered sufficient
    25  for the purposes of complying with this subdivision.
    26    § 4. This act shall take effect immediately; provided that the  amend-
    27  ments  to  paragraph  (a) of subdivision 1 of section 3613 of the public
    28  health law made by section one of this act shall be subject to the expi-
    29  ration and reversion of such paragraph and shall expire  and  be  deemed
    30  repealed therewith.