Assembly Actions - Lowercase Senate Actions - UPPERCASE |
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Jan 05, 2022 | referred to labor |
Feb 05, 2021 | print number 3145a |
Feb 05, 2021 | amend and recommit to labor |
Jan 22, 2021 | referred to labor |
Archive: Last Bill Status - In Assembly Committee
- Introduced
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
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Actions
Bill Amendments
Co-Sponsors
Harry B. Bronson
Karines Reyes
Deborah Glick
Rebecca Seawright
A3145 - Details
A3145 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 3145 2021-2022 Regular Sessions I N A S S E M B L Y January 22, 2021 ___________ Introduced by M. of A. EPSTEIN, BRONSON, REYES, GLICK, SEAWRIGHT, FERNANDEZ, L. ROSENTHAL, SIMON, McDONOUGH, GRIFFIN, PICHARDO -- read once and referred to the Committee on Labor AN ACT to amend the labor law, in relation to maximum hours for home care aides THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The labor law is amended by adding a new section 167-a to read as follows: § 167-A. HOURS OF LABOR FOR HOME CARE AIDES. 1. FOR PURPOSES OF THIS SECTION: (A) "HOME CARE AIDE" MEANS A HOME HEALTH AIDE, PERSONAL CARE AIDE, PERSONAL CARE ATTENDANT, CONSUMER DIRECTED PERSONAL ASSISTANT, HOME ATTENDANT OR OTHER LICENSED OR UNLICENSED PERSON WHOSE PRIMARY RESPONSIBILITY INCLUDES THE PROVISION OF IN-HOME ASSISTANCE WITH ACTIV- ITIES OF DAILY LIVING, INSTRUMENTAL ACTIVITIES OF DAILY LIVING OR HEALTH-RELATED TASKS, OR THE PROVISION OF COMPANIONSHIP OR FELLOWSHIP. THE PROVISIONS OF THIS SECTION SHALL APPLY EQUALLY TO SERVICES PROVIDED BY HOME CARE AIDES WHO WORK ON EPISODES OF CARE AS DIRECT EMPLOYEES OF THE CARE RECIPIENT, CERTIFIED HOME HEALTH AGENCIES, LONG TERM HOME HEALTH CARE PROGRAMS, OR MANAGED CARE PLANS, OR AS EMPLOYEES OF LICENSED HOME CARE SERVICES AGENCIES, LIMITED LICENSED HOME CARE SERVICES AGEN- CIES, OR UNDER ANY OTHER ARRANGEMENT. (B) "UNFORESEEABLE EMERGENT CIRCUMSTANCE" MEANS AN UNPREDICTABLE OR UNAVOIDABLE OCCURRENCE THAT REQUIRES IMMEDIATE ACTION. (C) "MAXIMUM HOME CARE HOURS" SHALL MEAN A SINGLE SHIFT THAT CONSISTS OF TWELVE HOURS PER DAY OR MULTIPLE SHIFTS THAT IN COMBINATION TOTAL FIFTY HOURS PER WEEK. 2. (A) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, NO EMPLOYER SHALL ASSIGN A HOME CARE AIDE TO MORE THAN THE MAXIMUM HOME CARE HOURS EXCEPT AS PROVIDED FOR IN SUBDIVISION FOUR OF THIS SECTION. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02124-01-1
Co-Sponsors
Harry B. Bronson
Karines Reyes
Deborah Glick
Rebecca Seawright
A3145A (ACTIVE) - Details
A3145A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 3145--A 2021-2022 Regular Sessions I N A S S E M B L Y January 22, 2021 ___________ Introduced by M. of A. EPSTEIN, BRONSON, REYES, GLICK, SEAWRIGHT, FERNANDEZ, L. ROSENTHAL, SIMON, McDONOUGH, GRIFFIN, PICHARDO, MITAYNES -- read once and referred to the Committee on Labor -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the labor law, in relation to maximum hours for home care aides THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The labor law is amended by adding a new section 167-a to read as follows: § 167-A. HOURS OF LABOR FOR HOME CARE AIDES. 1. FOR PURPOSES OF THIS SECTION: (A) "HOME CARE AIDE" MEANS A HOME HEALTH AIDE, PERSONAL CARE AIDE, PERSONAL CARE ATTENDANT, CONSUMER DIRECTED PERSONAL ASSISTANT, HOME ATTENDANT OR OTHER LICENSED OR UNLICENSED PERSON WHOSE PRIMARY RESPONSIBILITY INCLUDES THE PROVISION OF IN-HOME ASSISTANCE WITH ACTIV- ITIES OF DAILY LIVING, INSTRUMENTAL ACTIVITIES OF DAILY LIVING OR HEALTH-RELATED TASKS, OR THE PROVISION OF COMPANIONSHIP OR FELLOWSHIP. THE PROVISIONS OF THIS SECTION SHALL APPLY EQUALLY TO SERVICES PROVIDED BY HOME CARE AIDES WHO WORK ON EPISODES OF CARE AS DIRECT EMPLOYEES OF THE CARE RECIPIENT, CERTIFIED HOME HEALTH AGENCIES, LONG TERM HOME HEALTH CARE PROGRAMS, OR MANAGED CARE PLANS, OR AS EMPLOYEES OF LICENSED HOME CARE SERVICES AGENCIES, LIMITED LICENSED HOME CARE SERVICES AGEN- CIES, OR UNDER ANY OTHER ARRANGEMENT. (B) "UNFORESEEABLE EMERGENT CIRCUMSTANCE" MEANS AN UNPREDICTABLE OR UNAVOIDABLE OCCURRENCE THAT REQUIRES IMMEDIATE ACTION. (C) "MAXIMUM HOME CARE HOURS" SHALL NOT EXCEED FIFTY HOURS PER WEEK AND MAY NOT INCLUDE (I) CONSECUTIVE TWELVE HOUR SHIFTS PER TWENTY-FOUR HOUR PERIOD OR (II) ANY ONE SINGLE SHIFT EXCEEDING TWELVE HOURS PER TWENTY-FOUR HOUR PERIOD. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02124-02-1