S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8894--A
 
                             I N  S E N A T E
 
                              April 27, 2022
                                ___________
 
 Introduced  by Sen. HARCKHAM -- read twice and ordered printed, and when
   printed to be committed to the Committee on Children and  Families  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee
 
 AN ACT to amend the  social  services  law,  in  relation  to  including
   certain  programs  and  facilities  in  the  definition of provider or
   provider agency
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Subdivision 3 of section 424-a of the social services law,
 as amended by section 14-a of part H of chapter 56 of the laws of  2019,
 is amended to read as follows:
   3.  For  purposes  of  this  section, the term "provider" or "provider
 agency" shall mean: an authorized agency; the  office  of  children  and
 family  services;  juvenile  detention facilities subject to the certif-
 ication of the office of children and family services;  programs  estab-
 lished  pursuant  to  article nineteen-H of the executive law; ORGANIZA-
 TIONS AND PROGRAMS THAT PROVIDE COMMUNITY BASED SERVICES TO  INDIVIDUALS
 UNDER TWENTY-ONE YEARS OF AGE WHO ARE UNDER THE CARE OR OVERSIGHT OF ANY
 OF  THE AFOREMENTIONED PROVIDER AGENCIES WHEN THE SERVICES PROVIDED HAVE
 POTENTIAL FOR REGULAR AND  SUBSTANTIAL  CONTACT  WITH  SUCH  INDIVIDUALS
 UNDER  TWENTY-ONE; non-residential or residential programs or facilities
 licensed or operated by the office of mental health or  the  office  for
 people with developmental disabilities except family care homes; includ-
 ing  head  start  programs  which  are funded pursuant to title V of the
 federal economic opportunity act  of  nineteen  hundred  sixty-four,  as
 amended;  early  intervention  service  established  pursuant to section
 twenty-five hundred forty of the public health law;  preschool  services
 established  pursuant to section forty-four hundred ten of the education
 law; special act school districts as enumerated in chapter five  hundred
 sixty-six  of  the  laws  of  nineteen  hundred sixty-seven, as amended;
 programs and  facilities  licensed  by  the  office  of  alcoholism  and
 substance abuse services; residential schools which are operated, super-
 vised  or  approved  by  the  education department; health homes, or any
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15357-02-2
 S. 8894--A                          2
 
 subcontractor of such health homes, who contracts with or is approved or
 otherwise authorized by the department of health to provide health  home
 services  to  all  those  enrolled pursuant to a diagnosis of a develop-
 mental  disability  as defined in subdivision twenty-two of section 1.03
 of the mental hygiene law and enrollees who are under  twenty-one  years
 of  age under section three hundred sixty-five-l of this chapter, or any
 entity that provides home and community based services to enrollees  who
 are under twenty-one years of age under a demonstration program pursuant
 to  section  eleven  hundred fifteen of the federal social security act;
 publicly-funded emergency shelters for families with children, provided,
 however, for purposes of this section, when  the  provider  or  provider
 agency  is  a  publicly-funded emergency shelter for families with chil-
 dren, then all references in this section to the "potential for  regular
 and  substantial contact with individuals who are cared for by the agen-
 cy" shall mean the potential for regular and  substantial  contact  with
 children  who  are  served  by  such  shelter; and any other facility or
 provider agency, as defined in subdivision four of section four  hundred
 eighty-eight  of  this chapter, in regard to the employment of staff, or
 use of providers of goods and services  and  staff  of  such  providers,
 consultants, interns and volunteers.
   § 2. This act shall take effect immediately.