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.
STATE OF NEW YORK
________________________________________________________________________
2913
2015-2016 Regular Sessions
IN SENATE
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 § 2. This act shall take effect immediately.
