Bill Text: NY S02913 | 2015-2016 | General Assembly | Introduced

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Bill Title: Requires home health agencies, long term home health care programs and managed care plans to pay home care agencies the total average hourly worker cost for home care aides.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2016-01-06 - REFERRED TO HEALTH [S02913 Detail]

Download: New_York-2015-S02913-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2913
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                   January 30, 2015
                                      ___________
       Introduced  by  Sen.  HANNON -- read twice and ordered printed, and when
         printed to be committed to the Committee on Health
       AN ACT to amend the public health law, in relation to the payment of the
         total average hourly worker cost to home care services agencies
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Subdivision 7 of section 3614-c of the public health law,
    2  as added by section 33 of part H of chapter 59 of the laws of  2011,  is
    3  amended to read as follows:
    4    7.  If a certified home health agency [or], long term home health care
    5  program OR MANAGED CARE PLAN elects to provide home care  aide  services
    6  through  contracts  with licensed home care services agencies or through
    7  other third parties, provided that the episode of care on which the home
    8  care aide works is covered under the terms of this section,  the  certi-
    9  fied  home health agency, long term home health care program, or managed
   10  care plan must REIMBURSE THE LICENSED  HOME  CARE  SERVICES  AGENCY  THE
   11  TOTAL  AVERAGE  HOURLY  WORKER COST, INCLUDING THE CURRENT TOTAL COMPEN-
   12  SATION MANDATED AND ADDITIONAL FRINGE AND OTHER  STATUTORY  AND  BENEFIT
   13  REQUIREMENTS,  AND  AN ADMINISTRATIVE AND GENERAL COST FACTOR THAT IS NO
   14  LESS THAN ALLOWED PURSUANT TO SUBDIVISION SIX OF SECTION THREE  THOUSAND
   15  SIX  HUNDRED  TWELVE  OF THIS ARTICLE, AND MUST obtain a written certif-
   16  ication from the licensed home  care  services  agency  or  other  third
   17  party,  on  forms  prepared  by  the department in consultation with the
   18  department of labor, which attests to the licensed  home  care  services
   19  agency's  or  other  third  party's  compliance  with  the terms of this
   20  section. Such certifications shall  also  obligate  the  certified  home
   21  health  agency, long term home health care program, or managed care plan
   22  to obtain, on no less than a quarterly basis, all information  from  the
   23  licensed  home  care services agency or other third parties necessary to
   24  verify compliance with the terms of this section.   Such  certifications
   25  and  the information exchanged pursuant to them shall be retained by all
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08342-01-5
       S. 2913                             2
    1  certified home health agencies, long term home health care programs,  or
    2  managed  care  plans,  and  all licensed home care services agencies, or
    3  other third parties for a period of no less than  ten  years,  and  made
    4  available to the department upon request.
    5    S 2. This act shall take effect immediately.