Bill Text: NY S09670 | 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) 2024-05-16 - REFERRED TO HEALTH [S09670 Detail]
Download: New_York-2023-S09670-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 9670 IN SENATE May 16, 2024 ___________ Introduced by Sen. MARTINEZ -- 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 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 26 expenses on a form provided by the department of labor accompanied by an 27 [independently-audited financial statement verifying such] independent EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD10779-02-3S. 9670 2 1 accountant's report on applying agreed upon procedures on the annual 2 compliance statement of wage parity, hours and expenses. 3 6. If a certified home health agency, long term home health care 4 program or managed care plan elects to provide home care aide services 5 through contracts with licensed home care services agencies, fiscal 6 intermediaries, or through other third parties, provided that the 7 episode of care on which the home care aide works is covered under the 8 terms of this section, the certified home health agency, long term home 9 health care program, or managed care plan shall include in its 10 contracts, a requirement that it be provided with a written certif- 11 ication, verified by oath, from the licensed home care services agency, 12 fiscal intermediary, or other third party, on forms prepared by the 13 department in consultation with the department of labor, which attests 14 to the licensed home care services agency's, fiscal intermediary's, or 15 other third party's compliance with the terms of this section. Such 16 contracts shall also obligate the licensed home care services agency, 17 fiscal intermediary, or other third party to provide the certified home 18 health agency, long term home health care program, or managed care plan 19 all information from the licensed home care services agency, fiscal 20 intermediary or other third party necessary to verify compliance with 21 the terms of this section, which shall include an annual compliance 22 statement of wage parity hours and expenses on a form provided by the 23 department of labor accompanied by an [independently-audited financial24statement verifying such] independent accountant's report on applying 25 agreed upon procedures on the annual compliance statement of wage pari- 26 ty, hours and expenses. Such annual statements shall be available no 27 less than annually for the previous calendar year, at a time as 28 prescribed by the commissioner. Such certifications, the information 29 necessary to verify compliance, and the annual compliance statement and 30 [financial statements] independent accountant's report on applying 31 agreed upon procedures on the annual compliance statement of wage pari- 32 ty, hours and expenses shall be retained by all certified home health 33 agencies, long term home health care programs, or managed care plans, 34 and all licensed home care services agencies, fiscal intermediaries, or 35 other third parties for a period of no less than ten years, and made 36 available to the department upon request. Any licensed home care 37 services agency, fiscal intermediary, or other third party who shall 38 upon oath verify any statement required to be transmitted under this 39 section and any regulations promulgated pursuant to this section which 40 is known by such party to be false shall be guilty of perjury and 41 punishable as provided by the penal law. 42 § 2. This act shall take effect immediately.
