Establishes minimum compensation standards for the reimbursement of home health agencies and persons employed thereof; directs the commissioner of health, in consultation with the commissioner of the office for people with developmental disabilities to develop methodologies to determine such minimum compensation standard.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A4796
SPONSOR: Brown E TITLE OF BILL:
An act to amend the social services law and the mental hygiene law, in
relation to establishing a minimum compensation standard for certain
home health aides
PURPOSE:
An act to amend the social services law and the mental hygiene-law, in
relation to establishing a minimum compensation standard for certain
home health aides.
SUMMARY OF PROVISIONS:
Section 1. Subdivision 1 of section 368-a of the social services law is
amended by adding a new paragraph (g-1) to read as follows: (g-1)
Notwithstanding paragraph (g) of this subdivision, section three Hundred
sixty-four-j of this title or any other provision of law, a Reimburse-
ment for home health services provided for, in accordance with Paragraph
(d) of subdivision two of section three hundred sixty-five-a Of this
title by an individual or shared aide provided by an approved home
health agency when such services are determined to be cost effective and
appropriate to meet the recipient's needs for assistance shall be
increased to a minimum compensation standard. The commissioner, in
consultation with the commissioner of the office for people with devel-
opmental disabilities, shall develop_ methodologies to determine such
Minimum compensation standard.
2. Section 13.15 of the mental hygiene law, as added by chapter 978 of
the laws of 1977, the section heading as amended by chapter 168 of the
laws of 2010, subdivision (a) as amended by chapter 37 of the laws of
2011, is amended to read as follows:
§ 13.15 Programs of the office for people with developmental disabili-
ties.
(a) The commissioner shall plan, promote, establish, develop, coordi-
nate, evaluate, and conduct programs and services of prevention, diagno-
sis, examination, care, treatment, rehabilitation, training, and
research for the benefit-of individuals with developmental disabilities.
Such programs shall include but not be limited to in-patient, out-pa-
tient, partial hospitalization, day care, emergency, rehabilitative, and
other appropriate treatments and services. He or she shall take all
actions that are necessary, desirable, or proper to implement the
purposes of this chapter and to carry out the purposes and objectives of
the office within the amounts made available therefor by appropriation,
grant, gift, devise, bequest, or allocation from the mental health
services fund established under section ninety-seven-f of the state
finance law.
(b) The activities described in subdivision (a) of this section may be
undertaken in cooperation and agreement with other offices, departments
or agencies of the state, local or federal government, or with other
organizations and individuals. c) The commissioner, in consultation with
the commissioner of health, shall develop minimum compensation standards
for the reimbursement of home health agencies and persons employed ther-
eof.
JUSTIFICATION:
This is an amendment to the social services law whereby reimbursement
for home health services, provided by home health agencies, including
their employees shall be increased to a minimum compensation standard
set forth by the commissioner of the office of people with developmental
disabilities.
LEGISLATIVE HISTORY:
2023/24: A.4025-referred to Mental Health
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become a law.
STATE OF NEW YORK
________________________________________________________________________
4796
2025-2026 Regular Sessions
IN ASSEMBLY
February 6, 2025
___________
Introduced by M. of A. E. BROWN, MAHER, TAGUE, DeSTEFANO -- read once
and referred to the Committee on Mental Health
AN ACT to amend the social services law and the mental hygiene law, in
relation to establishing a minimum compensation standard for certain
home health aides
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 1 of section 368-a of the social services law
2 is amended by adding a new paragraph (g-1) to read as follows:
3 (g-1) Notwithstanding paragraph (g) of this subdivision, section three
4 hundred sixty-four-j of this title or any other provision of law, a
5 reimbursement for home health services provided for in accordance with
6 paragraph (d) of subdivision two of section three hundred sixty-five-a
7 of this title by an individual or shared aide provided by an approved
8 home health agency when such services are determined to be cost effec-
9 tive and appropriate to meet the recipient's needs for assistance shall
10 be increased to a minimum compensation standard. The commissioner, in
11 consultation with the commissioner of the office for people with devel-
12 opmental disabilities, shall develop methodologies to determine such
13 minimum compensation standard.
14 § 2. Section 13.15 of the mental hygiene law, as added by chapter 978
15 of the laws of 1977, the section heading as amended by chapter 168 of
16 the laws of 2010, subdivision (a) as amended by chapter 37 of the laws
17 of 2011, is amended to read as follows:
18 § 13.15 Programs of the office for people with developmental disabili-
19 ties.
20 (a) The commissioner shall plan, promote, establish, develop, coordi-
21 nate, evaluate, and conduct programs and services of prevention, diagno-
22 sis, examination, care, treatment, rehabilitation, training, and
23 research for the benefit of individuals with developmental disabilities.
24 Such programs shall include but not be limited to in-patient, out-pa-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07248-01-5
A. 4796 2
1 tient, partial hospitalization, day care, emergency, rehabilitative, and
2 other appropriate treatments and services. [He] Such commissioner shall
3 take all actions that are necessary, desirable, or proper to implement
4 the purposes of this chapter and to carry out the purposes and objec-
5 tives of the office within the amounts made available therefor by appro-
6 priation, grant, gift, devise, bequest, or allocation from the mental
7 health services fund established under section ninety-seven-f of the
8 state finance law.
9 (b) The activities described in subdivision (a) of this section may be
10 undertaken in cooperation and agreement with other offices, departments
11 or agencies of the state, local or federal government, or with other
12 organizations and individuals.
13 (c) The commissioner, in consultation with the commissioner of health,
14 shall develop minimum compensation standards for the reimbursement of
15 home health agencies and persons employed thereof.
16 § 3. This act shall take effect on the one hundred eightieth day after
17 it shall have become a law.
