Senate Bill S6561

2023-2024 Legislative Session

Relates to the maximum hours for home care aides

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Labor Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2023-S6561 (ACTIVE) - Details

See Assembly Version of this Bill:
A6899
Current Committee:
Senate Labor
Law Section:
Labor Law
Laws Affected:
Add §167-a, Lab L

2023-S6561 (ACTIVE) - Summary

Places limits on the maximum amount of hours a home care aide may be required to work without voluntarily consenting to such an assignment.

2023-S6561 (ACTIVE) - Sponsor Memo

2023-S6561 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6561
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              April 26, 2023
                                ___________
 
 Introduced  by  Sens.  PERSAUD, BAILEY, BRISPORT, BROUK, GIANARIS, HOYL-
   MAN-SIGAL, JACKSON, KAVANAGH, LIU, MAY, MYRIE, RAMOS, RIVERA, SALAZAR,
   SANDERS, STAVISKY -- read twice and ordered printed, and when  printed
   to be committed 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 (I)  CONSECUTIVE  TWELVE-HOUR
 SHIFTS  PER TWENTY-FOUR HOUR PERIOD OR (II) ANY ONE SINGLE SHIFT EXCEED-
 ING TWELVE HOURS PER TWENTY-FOUR HOUR PERIOD.
   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.
                                                            LBD09991-02-3
              

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