Senate Bill S9670

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9670
 
                             I N  S E N A T E
 
                               May 16, 2024
                                ___________
 
 Introduced  by Sen. MARTINEZ -- read twice and ordered printed, and when
   printed to be committed to the Committee on Health
 
 AN ACT to amend the public health law, in relation to home  care  worker
   wage parity
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Subdivisions 5 and 6 of section 3614-c of the public health
 law, as amended by section 1 of part OO of chapter 56  of  the  laws  of
 2020, are amended to read as follows:
   5.  No payments by government agencies shall be made to certified home
 health agencies, licensed home care services agencies,  long  term  home
 health  care programs, managed care plans, fiscal intermediaries for any
 episode of care without the certified home health agency, licensed  home
 care  services  agency, long term home health care program, managed care
 plan or the fiscal intermediary, having delivered prior written  certif-
 ication  to  the  commissioner  annually,  at  a  time prescribed by the
 commissioner, on forms prepared by the department in  consultation  with
 the  department  of labor, that all services provided under each episode
 of care during the period covered  by  the  certification  are  in  full
 compliance with the terms of this section and any regulations promulgat-
 ed  pursuant to this section and that no portion of the dollars spent or
 to be spent to satisfy the wage or benefit portion  under  this  section
 shall  be  returned  to  the certified home health agency, licensed home
 care services agency, long term home health care program,  managed  care
 plan, or fiscal intermediary, related persons or entities, other than to
 a home care aide as defined in this section to whom the wage or benefits
 are  due,  as  a refund, dividend, profit, or in any other manner.  Such
 written certification shall also verify that the certified  home  health
 agency,  long  term  home  health care program, or managed care plan has
 received from the licensed home care services  agency,  fiscal  interme-
 diary, or other third party an annual statement of wage parity hours and
 expenses on a form provided by the department of labor accompanied by an
 [independently-audited  financial  statement verifying such] INDEPENDENT
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10779-02-3
              

 S. 9670                             2
 
 ACCOUNTANT'S REPORT ON APPLYING AGREED UPON  PROCEDURES  ON  THE  ANNUAL
 COMPLIANCE STATEMENT OF WAGE PARITY, HOURS AND expenses.
   6.  If  a  certified  home  health  agency, long term home health care
 program or managed care plan elects to provide home care  aide  services
 through  contracts  with  licensed  home  care services agencies, fiscal
 intermediaries, or  through  other  third  parties,  provided  that  the
 episode  of  care on which the home care aide works is covered under the
 terms of this section, the certified home health agency, long term  home
 health  care  program,  or  managed  care  plan  shall  include  in  its
 contracts, a requirement that it be  provided  with  a  written  certif-
 ication,  verified by oath, from the licensed home care services agency,
 fiscal intermediary, or other third party,  on  forms  prepared  by  the
 department  in  consultation with the department of labor, which attests
 to the licensed home care services agency's, fiscal  intermediary's,  or
 other  third  party's  compliance  with  the terms of this section. Such
 contracts shall also obligate the licensed home  care  services  agency,
 fiscal  intermediary, or other third party to provide the certified home
 health agency, long term home health care program, or managed care  plan
 all  information  from  the  licensed  home care services agency, fiscal
 intermediary or other third party necessary to  verify  compliance  with
 the  terms  of  this  section,  which shall include an annual compliance
 statement of wage parity hours and expenses on a form  provided  by  the
 department  of  labor accompanied by an [independently-audited financial
 statement verifying such] INDEPENDENT ACCOUNTANT'S  REPORT  ON  APPLYING
 AGREED  UPON PROCEDURES ON THE ANNUAL COMPLIANCE STATEMENT OF WAGE PARI-
 TY, HOURS AND expenses. Such annual statements  shall  be  available  no
 less  than  annually  for  the  previous  calendar  year,  at  a time as
 prescribed by the commissioner.   Such certifications,  the  information
 necessary  to verify compliance, and the annual compliance statement and
 [financial  statements]  INDEPENDENT  ACCOUNTANT'S  REPORT  ON  APPLYING
 AGREED  UPON PROCEDURES ON THE ANNUAL COMPLIANCE STATEMENT OF WAGE PARI-
 TY, HOURS AND EXPENSES shall be retained by all  certified  home  health
 agencies,  long  term  home health care programs, or managed care plans,
 and all licensed home care services agencies, fiscal intermediaries,  or
 other  third  parties  for  a period of no less than ten years, and made
 available to  the  department  upon  request.  Any  licensed  home  care
 services  agency,  fiscal  intermediary,  or other third party who shall
 upon oath verify any statement required to  be  transmitted  under  this
 section  and  any regulations promulgated pursuant to this section which
 is known by such party to be  false  shall  be  guilty  of  perjury  and
 punishable as provided by the penal law.
   § 2. This act shall take effect immediately.