assembly Bill A3145A

2021-2022 Legislative Session

Requires the provision of care to persons requiring twenty-four hours of care take the form of non-sequential split shifts of twelve hours each

download bill text pdf

Sponsored By

Current 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

view actions (3)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Feb 05, 2021 print number 3145a
Feb 05, 2021 amend and recommit to labor
Jan 22, 2021 referred to labor

Co-Sponsors

view additional co-sponsors

A3145 - Details

Current Committee:
Assembly Labor
Law Section:
Labor Law
Laws Affected:
Add §167-a, Lab L
Versions Introduced in 2019-2020 Legislative Session:
A8064

A3145 - Summary

Requires the provision of care to persons requiring twenty-four hours of care take the form of non-sequential split shifts of twelve hours each.

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

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A3145A (ACTIVE) - Details

Current Committee:
Assembly Labor
Law Section:
Labor Law
Laws Affected:
Add §167-a, Lab L
Versions Introduced in 2019-2020 Legislative Session:
A8064

A3145A (ACTIVE) - Summary

Requires the provision of care to persons requiring twenty-four hours of care take the form of non-sequential split shifts of twelve hours each.

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