Bill Text: NY A04025 | 2023-2024 | General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Republican 5-0)

Status: (Introduced) 2024-01-03 - referred to mental health [A04025 Detail]

Download: New_York-2023-A04025-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          4025

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    February 9, 2023
                                       ___________

        Introduced by M. of A. E. BROWN -- read once and referred to the Commit-
          tee 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.
                                                                   LBD03121-01-3
        A. 4025                             2

     1  tient, partial hospitalization, day care, emergency, rehabilitative, and
     2  other  appropriate  treatments  and  services.  He or she shall take all
     3  actions that are  necessary,  desirable,  or  proper  to  implement  the
     4  purposes of this chapter and to carry out the purposes and objectives of
     5  the  office within the amounts made available therefor by appropriation,
     6  grant, gift, devise, bequest,  or  allocation  from  the  mental  health
     7  services  fund  established  under  section  ninety-seven-f of the state
     8  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.