STATE OF NEW YORK
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5060--A
2017-2018 Regular Sessions
IN SENATE
March 6, 2017
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Introduced by Sen. VALESKY -- read twice and ordered printed, and when
printed to be committed to the Committee on Health -- recommitted to
the Committee on Health in accordance with Senate Rule 6, sec. 8 --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee
AN ACT to amend the public health law, in relation to home care aides
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph (d) of subdivision 1 of section 3614-c of the
2 public health law, as amended by section 5 of part S of chapter 57 of
3 the laws of 2017, is amended to read as follows:
4 (d) "Home care aide" means a home health aide, personal care aide,
5 home attendant, personal assistant performing consumer directed personal
6 assistance services pursuant to section three hundred sixty-five-f of
7 the social services law, or other licensed or unlicensed person whose
8 primary responsibility includes the provision of in-home assistance with
9 activities of daily living, instrumental activities of daily living or
10 health-related tasks; provided, however, that home care aide does not
11 include any individual (i) working on a casual basis, or (ii) (except
12 for a person employed under the consumer directed personal assistance
13 program under section three hundred sixty-five-f of the social services
14 law) who is a relative through blood, marriage or adoption of: (1) the
15 employer; or (2) the person for whom the worker is delivering services,
16 under a program funded or administered by federal, state or local
17 government. Provided, however, that for purposes of this section, that
18 nothing in this paragraph shall be construed to exclude such individuals
19 described in subparagraph (ii) of this paragraph employed to provide
20 these services under the provisions of section three hundred
21 sixty-five-f of the social services law.
22 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10219-02-8
