STATE OF NEW YORK
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5254
2011-2012 Regular Sessions
IN SENATE
May 3, 2011
___________
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 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. 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 elects to provide home care aide services through contracts with
6 licensed home care services agencies or through other third parties,
7 provided that the episode of care on which the home care aide works is
8 covered under the terms of this section, the certified home health agen-
9 cy, long term home health care program, or managed care plan must pass
10 through the amount of any service unit reimbursed less any administra-
11 tive expense, in whole or in part, by the New York State medical assist-
12 ance program to the licensed home care services agency and must obtain a
13 written certification from the licensed home care services agency or
14 other third party, on forms prepared by the department in consultation
15 with the department of labor, which attests to the licensed home care
16 services agency's or other third party's compliance with the terms of
17 this section. Such certifications shall also obligate the certified home
18 health agency, long term home health care program, or managed care plan
19 to obtain, on no less than a quarterly basis, all information from the
20 licensed home care services agency or other third parties necessary to
21 verify compliance with the terms of this section. Such certifications
22 and the information exchanged pursuant to them shall be retained by all
23 certified home health agencies, long term home health care programs, or
24 managed care plans, and all licensed home care services agencies, or
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11380-01-1
S. 5254 2
1 other third parties for a period of no less than ten years, and made
2 available to the department upon request.
3 § 2. This act shall take effect immediately.
