S T A T E O F N E W Y O R K
________________________________________________________________________
1389
2009-2010 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 7, 2009
___________
Introduced by M. of A. WRIGHT -- read once and referred to the Committee
on Children and Families
AN ACT to amend the social services law and the public health law, in
relation to the medical evaluation of children placed in foster care
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The social services law is amended by adding a new section
383-d to read as follows:
S 383-D. HOME CARE EVALUATIONS FOR FOSTER CARE CHILDREN. 1. UPON THE
COMPLETION OF A COMPREHENSIVE MEDICAL EXAMINATION OF THE CHILD, OR UPON
A WAIVER OF SUCH EXAMINATION BY THE LOCAL SOCIAL SERVICES DISTRICT, THE
FOSTER CARE WORKER ASSIGNED TO THE CHILD SHALL ASSIST THE FOSTER CARE
PARENT IN ACQUIRING ANY SERVICES DEEMED MEDICALLY NECESSARY FOR THE
CHILD.
2. THE FOSTER PARENT MUST CONTINUE TO ALLOW FOR THE PROVISION OF SUCH
SERVICES FOR THE FOSTER CARE CHILD UNTIL SUCH TIME AS THE AUTHORIZED
AGENCY, EXAMINING PHYSICIAN, CERTIFIED HOME HEALTH AGENCY, OR LICENSED
HOME CARE SERVICES AGENCY DETERMINES THAT SUCH SERVICES ARE NO LONGER
NECESSARY.
S 2. The public health law is amended by adding a new section 3620-a
to read as follows:
S 3620-A. HOME CARE SERVICES TO CHILDREN PLACED IN FOSTER CARE. 1. FOR
PURPOSES OF THIS SECTION, THE TERM "HOME HEALTH CARE AGENCY" SHALL
INCLUDE BOTH A CERTIFIED HOME HEALTH AGENCY AND A LICENSED HOME CARE
SERVICES AGENCY.
2. WHENEVER A HOME HEALTH CARE AGENCY PERFORMS AN ASSESSMENT OF A
CHILD TO BE PLACED IN FOSTER CARE, THE AGENCY MUST PROVIDE A COPY OF
SUCH ASSESSMENT TO THE REFERRING PHYSICIAN, THE AUTHORIZED FOSTER CARE
AGENCY, AND THE FOSTER PARENT.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00029-01-9
A. 1389 2
3. WHENEVER A HOME HEALTH CARE AGENCY PROVIDES SERVICES TO A CHILD WHO
IS IN FOSTER CARE, SUCH AGENCY MUST PROVIDE A MONTHLY REPORT ON THE
PROGRESS AND DIAGNOSIS OF THE CHILD. SUCH REPORT SHALL BE PROVIDED TO
THE REFERRING PHYSICIAN, THE AUTHORIZED FOSTER CARE AGENCY, AND THE
FOSTER PARENT.
4. PRIOR TO DISCONTINUING ANY SERVICES, THE HOME HEALTH CARE AGENCY
MUST INFORM THE FOSTER CHILD'S PHYSICIAN, THE FOSTER CARE WORKER, AND
THE FOSTER PARENT OF SUCH CHANGE AND THE REASON FOR THE CHANGE.
S 3. This act shall take effect immediately.