S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5387
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               March 3, 2023
                                ___________
 
 Introduced by Sens. HARCKHAM, SALAZAR -- read twice and ordered printed,
   and  when  printed  to  be  committed to the Committee on Children and
   Families
 
 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 chapter 611 of the laws of 2022, 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; a private, nonprofit incorporated agency that meets the
 state office of children and family services program standards for child
 advocacy  centers;  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05852-01-3
              

 S. 5387                             2
 
 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
 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.