S07159 Summary:
BILL NO | S07159 |
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SAME AS | SAME AS A09695 |
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SPONSOR | BUDGET |
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COSPNSR | |
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MLTSPNSR | |
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Amd §3614-c, Pub Health L | |
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Relates to home care worker wage parity. |
S07159 Actions:
BILL NO | S07159 | |||||||||||||||||||||||||||||||||||||||||||||||||
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04/01/2016 | REFERRED TO FINANCE | |||||||||||||||||||||||||||||||||||||||||||||||||
03/31/2016 | ORDERED TO THIRD READING CAL.523 | |||||||||||||||||||||||||||||||||||||||||||||||||
03/31/2016 | MESSAGE OF NECESSITY - 3 DAY MESSAGE | |||||||||||||||||||||||||||||||||||||||||||||||||
03/31/2016 | PASSED SENATE | |||||||||||||||||||||||||||||||||||||||||||||||||
03/31/2016 | DELIVERED TO ASSEMBLY | |||||||||||||||||||||||||||||||||||||||||||||||||
04/01/2016 | referred to ways and means | |||||||||||||||||||||||||||||||||||||||||||||||||
04/01/2016 | substituted for a9695 | |||||||||||||||||||||||||||||||||||||||||||||||||
04/01/2016 | ordered to third reading rules cal.31 | |||||||||||||||||||||||||||||||||||||||||||||||||
04/01/2016 | message of necessity - 3 day message | |||||||||||||||||||||||||||||||||||||||||||||||||
04/01/2016 | passed assembly | |||||||||||||||||||||||||||||||||||||||||||||||||
04/01/2016 | returned to senate | |||||||||||||||||||||||||||||||||||||||||||||||||
04/01/2016 | DELIVERED TO GOVERNOR | |||||||||||||||||||||||||||||||||||||||||||||||||
04/04/2016 | SIGNED CHAP.56 |
S07159 Committee Votes:
Go to topS07159 Floor Votes:
Yes
Abbate
Yes
Curran
Yes
Gunther
Yes
Lupardo
Yes
Paulin
Yes
Simotas
Yes
Abinanti
Yes
Cusick
Yes
Harris
Yes
Lupinacci
Yes
Peoples-Stokes
Yes
Skartados
ER
Arroyo
Yes
Cymbrowitz
Yes
Hawley
Yes
Magee
Yes
Perry
Yes
Skoufis
Yes
Aubry
Yes
Davila
Yes
Hevesi
Yes
Magnarelli
Yes
Pichardo
Yes
Solages
No
Barclay
Yes
DenDekker
ER
Hikind
Yes
Malliotakis
Yes
Pretlow
Yes
Stec
Yes
Barrett
Yes
Dilan
Yes
Hooper
Yes
Markey
Yes
Quart
Yes
Steck
Yes
Barron
Yes
Dinowitz
Yes
Hunter
Yes
Mayer
Yes
Ra
Yes
Stirpe
ER
Benedetto
No
DiPietro
Yes
Hyndman
Yes
McDonald
No
Raia
Yes
Tedisco
ER
Bichotte
Yes
Duprey
Yes
Jaffee
Yes
McDonough
Yes
Ramos
No
Tenney
Yes
Blake
Yes
Englebright
Yes
Jean-Pierre
Yes
McKevitt
Yes
Richardson
Yes
Thiele
Yes
Blankenbush
Yes
Fahy
Yes
Johns
Yes
McLaughlin
Yes
Rivera
Yes
Titone
Yes
Brabenec
Yes
Farrell
Yes
Joyner
Yes
Miller
Yes
Robinson
Yes
Titus
Yes
Braunstein
No
Finch
Yes
Kaminsky
Yes
Montesano
Yes
Rodriguez
Yes
Walker
Yes
Brennan
No
Fitzpatrick
No
Katz
Yes
Morelle
Yes
Rosenthal
Yes
Walter
Yes
Brindisi
No
Friend
Yes
Kavanagh
Yes
Mosley
Yes
Rozic
Yes
Weinstein
Yes
Bronson
Yes
Galef
Yes
Kearns
Yes
Moya
Yes
Russell
Yes
Weprin
Yes
Buchwald
ER
Gantt
Yes
Kim
Yes
Murray
Yes
Ryan
Yes
Woerner
Yes
Butler
Yes
Garbarino
No
Kolb
No
Nojay
Yes
Saladino
Yes
Wozniak
Yes
Cahill
Yes
Giglio
No
Lalor
Yes
Nolan
Yes
Santabarbara
Yes
Wright
Yes
Ceretto
Yes
Gjonaj
Yes
Lavine
No
Oaks
Yes
Schimel
Yes
Zebrowski
Yes
Colton
Yes
Glick
No
Lawrence
Yes
O'Donnell
Yes
Schimminger
Yes
Mr. Speaker
Yes
Cook
Yes
Goldfeder
Yes
Lentol
Yes
Ortiz
Yes
Seawright
Yes
Corwin
Yes
Goodell
Yes
Lifton
Yes
Otis
Yes
Sepulveda
Yes
Crespo
Yes
Gottfried
Yes
Linares
No
Palmesano
Yes
Simanowitz
Yes
Crouch
No
Graf
Yes
Lopez
Yes
Palumbo
Yes
Simon
‡ Indicates voting via videoconference
S07159 Text:
Go to top STATE OF NEW YORK ________________________________________________________________________ 7159 IN SENATE April 1, 2016 ___________ Introduced by BUDGET BILL -- read twice and ordered printed, and when printed to be committed to the Committee on Finance 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. Section 3614-c of the public health law, as added by 2 section 33 of part H of chapter 59 of the laws of 2011, is amended to 3 read as follows: 4 § 3614-c. Home care worker wage parity. 1. As used in this section, 5 the following terms shall have the following meaning: 6 (a) "Living wage law" means any law enacted by Nassau, Suffolk or 7 Westchester county or a city with a population of one million or more 8 which establishes a minimum wage for some or all employees who perform 9 work on contracts with such county or city. 10 (b) "Total compensation" means all wages and other direct compensation 11 paid to or provided on behalf of the employee including, but not limited 12 to, wages, health, education or pension benefits, supplements in lieu of 13 benefits and compensated time off, except that it does not include 14 employer taxes or employer portion of payments for statutory benefits, 15 including but not limited to FICA, disability insurance, unemployment 16 insurance and workers' compensation. 17 (c) "Prevailing rate of total compensation" means the average hourly 18 amount of total compensation paid to all home care aides covered by 19 whatever collectively bargained agreement covers the greatest number of 20 home care aides in a city with a population of one million or more. For 21 purposes of this definition, any set of collectively bargained agree- 22 ments in such city with substantially the same terms and conditions 23 relating to total compensation shall be considered as a single collec- 24 tively bargained agreement. 25 (d) "Home care aide" means a home health aide, personal care aide, 26 home attendant or other licensed or unlicensed person whose primary 27 responsibility includes the provision of in-home assistance with activ- 28 ities of daily living, instrumental activities of daily living or EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD14888-01-6S. 7159 2 1 health-related tasks; provided, however, that home care aide does not 2 include any individual (i) working on a casual basis, or (ii) who is a 3 relative through blood, marriage or adoption of: (1) the employer; or 4 (2) the person for whom the worker is delivering services, under a 5 program funded or administered by federal, state or local government. 6 (e) "Managed care plan" means any managed care program, organization 7 or demonstration covering personal care or home health aide services, 8 and which receives premiums funded, in whole or in part, by the New York 9 state medical assistance program, including but not limited to all Medi- 10 caid managed care, Medicaid managed long term care, Medicaid advantage, 11 and Medicaid advantage plus plans and all programs of all-inclusive care 12 for the elderly. 13 (f) "Episode of care" means any service unit reimbursed, in whole or 14 in part, by the New York state medical assistance program, whether 15 through direct reimbursement or covered by a premium payment, and which 16 covers, in whole or in part, any service provided by a home care aide, 17 including but not limited to all service units defined as visits, hours, 18 days, months or episodes. 19 (g) "Cash portion of the minimum rate of home care aid total compen- 20 sation" means the minimum amount of home care aide total compensation 21 that may be paid in cash wages, as determined by the department in 22 consultation with the department of labor. 23 (h) "Benefit portion of the minimum rate of home care aide total 24 compensation" means the portion of home care aide total compensation 25 that may be paid in cash or health, education or pension benefits, wage 26 differentials, supplements in lieu of benefits and compensated time off, 27 as determined by the department in consultation with the department of 28 labor. Cash wages paid pursuant to increases in the state or federal 29 minimum wage cannot be used to satisfy the benefit portion of the mini- 30 mum rate of home care aide total compensation. 31 2. Notwithstanding any inconsistent provision of law, rule or regu- 32 lation, no payments by government agencies shall be made to certified 33 home health agencies, long term home health care programs or managed 34 care plans for any episode of care furnished, in whole or in part, by 35 any home care aide who is compensated at amounts less than the applica- 36 ble minimum rate of home care aide total compensation established pursu- 37 ant to this section. 38 3. (a) The minimum rate of home care aide total compensation in a city 39 with a population of one million or more shall be: 40 (i) for the period March first, two thousand twelve through February 41 twenty-eighth, two thousand thirteen, ninety percent of the total 42 compensation mandated by the living wage law of such city; 43 (ii) for the period March first, two thousand thirteen through Febru- 44 ary twenty-eighth, two thousand fourteen, ninety-five percent of the 45 total compensation mandated by the living wage law of such city; 46 (iii) for [all periods on and after] the period March first, two thou- 47 sand fourteen through March thirty-first two thousand sixteen, no less 48 than the prevailing rate of total compensation as of January first, two 49 thousand eleven, or the total compensation mandated by the living wage 50 law of such city, whichever is greater; 51 (iv) for all periods on or after April first, two thousand sixteen, 52 the cash portion of the minimum rate of home care aide total compen- 53 sation shall be ten dollars or the minimum wage as laid out in paragraph 54 (c) of subdivision one of section six hundred fifty-two of the labor 55 law, whichever is higher. The benefit portion of the minimum rate of 56 home care aide total compensation shall be four dollars and nine cents.S. 7159 3 1 (b) The minimum rate of home care aide total compensation in the coun- 2 ties of Nassau, Suffolk and Westchester shall be: 3 (i) for the period March first, two thousand thirteen through February 4 twenty-eighth, two thousand fourteen, ninety percent of the total 5 compensation mandated by the living wage law as set on March first, two 6 thousand thirteen of a city with a population of a million or more; 7 (ii) for the period March first, two thousand fourteen through Febru- 8 ary twenty-eighth, two thousand fifteen, ninety-five percent of the 9 total compensation mandated by the living wage law as set on March 10 first, two thousand fourteen of a city with a population of a million or 11 more; 12 (iii) for the period March first, two thousand fifteen, through Febru- 13 ary twenty-eighth, two thousand sixteen, one hundred percent of the 14 total compensation mandated by the living wage law as set on March 15 first, two thousand fifteen of a city with a population of a million or 16 more; 17 (iv) for all periods on or after March first, two thousand sixteen, 18 [the lesser of (i) one hundred and fifteen percent of the total compen-19sation mandated by the living wage law as set on March first of each20succeeding year of a city with a population of one million or more or;21(ii) the total compensation mandated by the living wage law of Nassau,22Suffolk or Westchester county, based on the location of the episode of23care] the cash portion of the minimum rate of home care aide total 24 compensation shall be ten dollars or the minimum wage as laid out in 25 paragraph (c) of subdivision one of section six hundred fifty-two of the 26 labor law, whichever is higher. The benefit portion of the minimum rate 27 of home care aide total compensation shall be three dollars and twenty- 28 two cents. 29 4. [Any portion of the minimum rate of home care aide total compen-30sation attributable to health benefit costs or payments in lieu of31health benefits, and paid time off, as established pursuant to subdivi-32sion three of this section shall be superseded by the terms of any33employer bona fide collective bargaining agreement in effect as of Janu-34ary first, two thousand eleven, or a successor to such agreement, which35provides for home care aides' health benefits through payments to joint-36ly administered labor-management funds.375.] The terms of this section shall apply equally to services provided 38 by home care aides who work on episodes of care as direct employees of 39 certified home health agencies, long term home health care programs, or 40 managed care plans, or as employees of licensed home care services agen- 41 cies, limited licensed home care services agencies, or under any other 42 arrangement. 43 [6.] 5. No payments by government agencies shall be made to certified 44 home health agencies, long term home health care programs, or managed 45 care plans for any episode of care without the certified home health 46 agency, long term home health care program, or managed care plan having 47 delivered prior written certification to the commissioner, on forms 48 prepared by the department in consultation with the department of labor, 49 that all services provided under each episode of care are in full 50 compliance with the terms of this section and any regulations promulgat- 51 ed pursuant to this section. 52 [7.] 6. If a certified home health agency or long term home health 53 care program elects to provide home care aide services through contracts 54 with licensed home care services agencies or through other third 55 parties, provided that the episode of care on which the home care aide 56 works is covered under the terms of this section, the certified homeS. 7159 4 1 health agency, long term home health care program, or managed care plan 2 must obtain a written certification from the licensed home care services 3 agency or other third party, on forms prepared by the department in 4 consultation with the department of labor, which attests to the licensed 5 home care services agency's or other third party's compliance with the 6 terms of this section. Such certifications shall also obligate the 7 certified home health agency, long term home health care program, or 8 managed care plan to obtain, on no less than a quarterly basis, all 9 information from the licensed home care services agency or other third 10 parties necessary to verify compliance with the terms of this section. 11 Such certifications and the information exchanged pursuant to them shall 12 be retained by all certified home health agencies, long term home health 13 care programs, or managed care plans, and all licensed home care 14 services agencies, or other third parties for a period of no less than 15 ten years, and made available to the department upon request. 16 [8.] 7. The commissioner shall distribute to all certified home health 17 agencies, long term home health care programs, and managed care plans 18 official notice of the minimum rates of home care aide compensation at 19 least one hundred twenty days prior to the effective date of each mini- 20 mum rate for each social services district covered by the terms of this 21 section. 22 [9.] 8. The commissioner is authorized to promulgate regulations, and 23 may promulgate emergency regulations, to implement the provisions of 24 this section. 25 [10.] 9. Nothing in this section should be construed as applicable to 26 any service provided by certified home health agencies, long term home 27 health care programs, or managed care plans except for all episodes of 28 care reimbursed in whole or in part by the New York Medicaid program. 29 [11.] 10. No certified home health agency, managed care plan or long 30 term home health care program shall be liable for recoupment of payments 31 for services provided through a licensed home care services agency or 32 other third party with which the certified home health agency, long term 33 home health care program, or managed care plan has a contract because 34 the licensed agency or other third party failed to comply with the 35 provisions of this section if the certified home health agency, long 36 term home health care program, or managed care plan has reasonably and 37 in good faith collected certifications and all information required 38 pursuant to subdivisions [six and seven] five and six of this section. 39 § 2. This act shall take effect on the same date as part K of a chap- 40 ter of the laws of 2016 amending the labor law relating to the rate of 41 minimum wage, as proposed in legislative bill numbers S.6406-C and 42 A.9006-C, takes effect.