senate Bill S5374

2021-2022 Legislative Session

Relates to fair pay for home care aides

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Health Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 03, 2021 referred to health

Co-Sponsors

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S5374 (ACTIVE) - Details

See Assembly Version of this Bill:
A6329
Current Committee:
Senate Health
Law Section:
Public Health Law
Laws Affected:
Add §3614-f, amd §§3612, 3614-d, 2802, 4403-f & 3614-c, Pub Health L; amd §§365-f & 364-j, Soc Serv L; add §91-h, St Fin L; amd Part H §92, Chap 59 of 2011

S5374 (ACTIVE) - Summary

Enacts provisions to provide minimum wages for home care aides; requires at least 150% of minimum wage or other set minimum; directs the commissioner of health to set regional minimum rates of reimbursement for home care aids under medicaid and managed care plans.

S5374 (ACTIVE) - Sponsor Memo

S5374 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5374
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               March 3, 2021
                                ___________
 
 Introduced  by  Sen.  MAY  --  read  twice and ordered printed, and when
   printed to be committed to the Committee on Health
 
 AN ACT to amend the public health law,  the  social  services  law,  the
   state finance law and part H of chapter 59 of the laws of 2011, amend-
   ing  the  public  health  law  and  other  laws  relating to known and
   projected department of health state fund  Medicaid  expenditures,  in
   relation to fair pay 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 public health law is amended by adding  a  new  section
 3614-f to read as follows:
   §  3614-F. FAIR PAY FOR HOME CARE. 1. FOR THE PURPOSE OF THIS SECTION,
 "HOME CARE AIDE" SHALL HAVE THE SAME MEANING DEFINED IN SECTION  THIRTY-
 SIX HUNDRED FOURTEEN-C OF THIS ARTICLE.
   2.  THE  MINIMUM  WAGE  FOR A HOME CARE AIDE SHALL BE NO LESS THAN ONE
 HUNDRED AND FIFTY PERCENT OF THE HIGHER OF: (A) THE OTHERWISE APPLICABLE
 MINIMUM WAGE UNDER SECTION SIX HUNDRED FIFTY-TWO OF THE  LABOR  LAW,  OR
 (B)  ANY  OTHERWISE APPLICABLE WAGE RULE OR ORDER UNDER ARTICLE NINETEEN
 OF THE LABOR LAW.
   3. WHERE ANY HOME CARE  AIDE  IS  PAID  LESS  THAN  REQUIRED  BY  THIS
 SECTION,  THE  HOME  CARE  AIDE,  OR THE COMMISSIONER OF LABOR ACTING ON
 BEHALF OF THE HOME CARE AIDE, MAY BRING AN ACTION UNDER ARTICLE  SIX  OR
 NINETEEN OF THE LABOR LAW.
   §  2.  Paragraph (c) of subdivision 4-a of section 365-f of the social
 services law is amended by adding a new  subparagraph  (v)  to  read  as
 follows:
   (V)  (A)  THE  DEPARTMENT  SHALL ANALYZE THE CERTIFIED COST REPORTS OF
 EACH FISCAL INTERMEDIARY, GROUPED BY REGIONS, TO  ESTABLISH  A  REGIONAL
 MINIMUM  RATE  OF  REIMBURSEMENT  FOR  EACH REGION. THE REGIONS SHALL BE
 ESTABLISHED BY THE COMMISSIONER, PROVIDED  THAT  FOR  AREAS  SUBJECT  TO
 SECTION  THIRTY-SIX  HUNDRED  FOURTEEN-C  OF THE PUBLIC HEALTH LAW, EACH
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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