Senate Bill S8559

2017-2018 Legislative Session

Directs the commissioner of labor to conduct a labor market study of the home care and hospice workforce; and establishing a temporary labor task force for home care and hospice services and occupations

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Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 18, 2018	referred to labor delivered to assembly passed senate ordered to third reading cal.1880 committee discharged and committed to rules
May 10, 2018	referred to health

2017-S8559 (ACTIVE) - Details

See Assembly Version of this Bill:: A10940
Current Committee:: Assembly Labor
Law Section:: Labor
Versions Introduced in Other Legislative Sessions:: 2019-2020: S1359, A6902
2021-2022: S3761, A1075
2023-2024: A310
2025-2026: A3354

2017-S8559 (ACTIVE) - Summary

Directs the commissioner of labor and the commissioner of health to conduct a labor market study of the home care and hospice workforce; and establishes a temporary labor task force for home care and hospice services and occupations to examine and make recommendations regarding competitive labor market factors, reimbursement, programs and other state policy actions necessary to support recruitment and retention of the home care and hospice workforce in the broader, competitive health labor market.

2017-S8559 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8559

SPONSOR: SERINO
 
TITLE OF BILL:  An act directing the commissioner of labor to conduct
a labor market study and establishing a temporary labor task force for
home care and hospice services and occupations in New York State; and
providing for the repeal of certain provisions upon the expiration ther-
eof

 
PURPOSE OR GENERAL IDEA OF BILL:

To authorize the state commissioner of labor, with the assistance of
collaborating state agencies, to conduct a competitive labor market
study to assess and make recommendations for home care and hospice capa-
bility to compete in the labor market for recruitment and retention of
direct care staff to meet patient and health system needs, and to estab-
lish a taskforce to promote entrance, practice, career development and
retention in home health and hospice occupations, including home health
aide, nursing, physical therapy, occupational therapy, social work and
others that the commissioner designates.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1: Sets forth the home care-hospice labor market study and
recommendations under the direction of the state commissioner of labor,
with the collaboration of the commissioner of health.

Section 2: Sets for the home care-hospice labor task force, under the
co-chairmanship of the commissioner of labor and director of the office
for aging and the collaborative support of assistance of the departments
of health and aging, and the office of mental health.

Section 3: Provides the effective date.

 
JUSTIFICATION:

Both New York State and the United States Department of Labor analyses
show home care occupations to be among the top projected occupational
needs for the foreseeable future. The needs are driven and compounded
by: major demographic changes (in particular the aging of the popu-
lation); changes in state of the art medical practice enabling individ-
uals to live longer, and to survive and live adapting to major trauma
and chronic illness; major changes in hospital and institutional care
use prompted by state and federal health care reforms; and other.

Recruitment and retention of individuals for health occupations in home
care and hospice sufficient to meet demand is a major challenge on its
own, but is made more complex by home care and hospice's less compet-
itive positions in the labor market and in the lesser awareness and
interest of individuals to enter and work in the home care and hospice
fields. Home care and hospices' ability to compete to recruit and retain
staff is at a huge disadvantage as these providers are also most often
not reimbursed at competitive levels with other major employers in the
market for the same health labor force, and when work in the home care
and hospice fields is inherently demanding in unique and extremely chal-
lenging ways.

The lack of individuals entering and staying in home care and hospice
occupations, in comparison to the current and future need, is of crisis
proportions around NYS in terms of patient access and overall health
system function.

This legislation takes on critical short and long term elements that
need to be addressed in order to ensure an adequate health home health
and hospice labor force, and indeed, adequate health care, for New York-
ers.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None. The legislation seeks corrections and initiatives that will
prevent higher costs to the state by enabling the home care and hospice
systems to have adequate staff to service the patient and community
need. Any rate reimbursement changes or other fiscal measures recom-
mended to the Legislature and Governor by either the market study or the
labor task force would be subject to future budget decision-making.

 
EFFECTIVE DATE:
Immediately, provided that the task force provisions of the bill shall
expire on and after January 31, 2021.

2017-S8559 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8559
 
                             I N  S E N A T E
 
                               May 10, 2018
                                ___________
 
 Introduced  by  Sen.  SERINO -- read twice and ordered printed, and when
   printed to be committed to the Committee on Health
 
 AN ACT directing the commissioner of labor to  conduct  a  labor  market
   study  and establishing a temporary labor task force for home care and
   hospice services and occupations in New York State; and providing  for
   the repeal of certain provisions upon the expiration thereof

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The commissioner of labor and the  commissioner  of  health
 shall  jointly  undertake a market study to examine and make recommenda-
 tions  regarding  competitive  labor  market   factors,   reimbursement,
 programs and other state policy actions necessary to support recruitment
 and  retention  of  the  home care and hospice workforce in the broader,
 competitive health labor market.
   Such study shall examine differentials in compensation,  benefits  and
 other employment factors in home care and hospice in comparison to other
 health care and employment markets which compete for the same workforce,
 including  but  not limited to hospitals and nursing facilities, and for
 comparable disciplines  which  include  direct  care  aides,  registered
 professional  nurses,  licensed  practical  nurses, physical therapists,
 occupational therapists, speech pathologists,  social  workers,  respir-
 atory therapists, audiologists and other health care practitioners which
 the  commissioner  of  labor  in  consultation  with the commissioner of
 health shall determine.
   In conducting such study and preparing  recommendations,  the  commis-
 sioners  shall  seek  the input of representatives of the aforementioned
 providers and health care personnel, managed care plans, statewide asso-
 ciations representative of  providers  and  workforce,  the  center  for
 health  workforce  studies  of the state university of New York, and the
 New York state area health education centers program.
   On or before November 1, 2018, the commissioner of labor shall  report
 jointly  with the commissioner of health to the governor and legislature
 on  the  results  of  such  study,  together  with  recommendations  for
 reimbursement,  programs  and  policy modifications to support home care
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD15849-01-8

 S. 8559                             2
 
 and hospice competitive positions for recruitment  and  retention  of  a
 direct  care  health  labor workforce in the broader health labor market
 capable of meeting community need.
   §  2.  The commissioner of labor, in consultation with the director of
 the office for aging and the  commissioners  of  health,  education  and
 mental  health,  or  their  agency designees, shall form a task force to
 establish and implement a statewide home  care  and  hospice  workforce,
 labor development and marketing program to encourage occupational inter-
 est  and  participation  in these essential fields to meet the community
 need for these vital services.
   The task force shall examine the spectrum  of  possible  entry  points
 into  the  home  care  and  hospice fields, including but not limited to
 entry points in secondary schools, occupational  schools  and  programs,
 community  colleges,  four  year colleges and universities, professional
 schools of nursing, social work and other health care  disciplines,  and
 retiree venues.
   The  task  force  shall  develop  and  implement,  with jurisdictional
 contributions from each state agency member, a comprehensive  plan  that
 provides  information  about  entry,  practice,  career development, and
 occupational need and value in home care and hospice.   Such plan  shall
 also  assist educational settings and providers with informational mate-
 rials and resources to further this goal, including but not limited  to:
 written  and  multimedia  material,  web based resources, public service
 announcements, home care/hospice emphasis at local job fairs,  billboard
 and  other  community advertisement, engagement of area health education
 centers, support  for  provider  recruitment  and  training,  state  and
 regional conferencing, and other means.
   The  task  force  shall be co-chaired by the commissioner of labor and
 the director of the state office for aging, or their  agency  designees.
 The  task  force  shall convene not later than sixty days after this act
 shall have become law, and shall meet no less frequently than bi-monthly
 for the first year. The task force shall submit an interim report to the
 governor and legislature on its activities and recommendations not later
 than six months after it convenes. In conducting  the  task  force,  the
 co-chairs shall seek the input of representatives of home care, hospice,
 managed  care  plans,  area  health  education  centers, and direct care
 disciplines.
   § 3. This act shall take effect immediately, provided that section two
 of this act shall expire and be deemed repealed on and after January 31,
 2021.

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Senate Bill S8559

Sponsored By

Archive: Last Bill Status - In Assembly Committee

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2017-S8559 (ACTIVE) - Details

2017-S8559 (ACTIVE) - Summary

2017-S8559 (ACTIVE) - Sponsor Memo

2017-S8559 (ACTIVE) - Bill Text download pdf

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Sponsored By

Susan Serino

Archive: Last Bill Status - In Assembly Committee

Actions

2017-S8559 (ACTIVE) - Details

2017-S8559 (ACTIVE) - Summary

2017-S8559 (ACTIVE) - Sponsor Memo

2017-S8559 (ACTIVE) - Bill Text download pdf

Comments