S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6347
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               May 11, 2017
                                ___________
 
 Introduced  by  Sen.  HANNON -- read twice and ordered printed, and when
   printed to be committed to the Committee on Health
 
 AN ACT to amend the public health law, in relation to requiring  that  a
   hospice  program  providing  hospice  care  in  a patient's home shall
   comply with the home care services worker registry

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraph  (a)  of  subdivision  1 of section 3613 of the
 public health law, as amended by chapter 471 of the  laws  of  2016,  is
 amended to read as follows:
   (a)  "Home  care services entity" means a home care services agency or
 other entity providing home care services subject  to  this  article  or
 exempt  under  section  thirty-six  hundred nineteen of this article, [a
 hospice program certified pursuant to  article  forty  of  this  chapter
 providing  routine  care  at  home  under  the  hospice  benefit,] or an
 enhanced assisted living residence licensed under article seven  of  the
 social  services  law  and  certified  under article forty-six-B of this
 chapter providing enhanced assisted living services.  A HOSPICE  PROGRAM
 UNDER  ARTICLE  FORTY  OF  THIS  CHAPTER  PROVIDING  HOSPICE  CARE  IN A
 PATIENT'S HOME SHALL BE CONSIDERED A HOME CARE SERVICES ENTITY ONLY  FOR
 THE PURPOSE OF COMPLIANCE WITH THE HOME CARE SERVICES WORKER REGISTRY.
   §  2.  The public health law is amended by adding a new section 4013-b
 to read as follows:
   § 4013-B. HOME  CARE  SERVICES  WORKER  REGISTRY.  A  HOSPICE  PROGRAM
 PROVIDING  HOSPICE  CARE  IN A PATIENT'S HOME SHALL COMPLY WITH THE HOME
 CARE SERVICES WORKER REGISTRY UNDER SECTION THIRTY-SIX HUNDRED  THIRTEEN
 OF THIS CHAPTER.
   §  3.  Subdivision  10  of section 2899-a of the public health law, as
 amended by chapter 94 of the  laws  of  2014,  is  amended  to  read  as
 follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11454-01-7
              

 S. 6347                             2
 
   10.  Notwithstanding  subdivision  eleven  of  section  eight  hundred
 forty-five-b of the executive  law,  a  certified  home  health  agency,
 licensed home care services agency or long term home health care program
 certified, licensed or approved under article thirty-six of this chapter
 or  a  home  care services agency exempt from certification or licensure
 under article thirty-six of this chapter, A HOSPICE PROGRAM UNDER  ARTI-
 CLE FORTY OF THIS CHAPTER, or an adult home, enriched housing program or
 residence for adults licensed under article seven of the social services
 law, may temporarily approve a prospective employee while the results of
 the  criminal  history information check and the determination are pend-
 ing, upon the condition that the provider  conducts  appropriate  direct
 observation and evaluation of the temporary employee, while he or she is
 temporarily employed, and the care recipient. The results of such obser-
 vations  shall  be documented in the temporary employee's personnel file
 and shall be maintained. For  purposes  of  providing  such  appropriate
 direct  observation  and evaluation, the provider shall utilize an indi-
 vidual employed by such provider with a minimum of one year's experience
 working in an agency certified, licensed or approved under article thir-
 ty-six of this chapter or an adult home,  enriched  housing  program  or
 residence for adults licensed under article seven of the social services
 law.  If  the  temporary employee is working under contract with another
 provider certified, licensed or approved  under  article  thirty-six  of
 this  chapter,  such  contract provider's appropriate direct observation
 and evaluation of the temporary employee, shall be considered sufficient
 for the purposes of complying with this subdivision.
   § 4. This act shall take effect immediately; provided that the  amend-
 ments  to  paragraph  (a) of subdivision 1 of section 3613 of the public
 health law made by section one of this act shall be subject to the expi-
 ration and reversion of such paragraph and shall expire  and  be  deemed
 repealed therewith.