Assembly Bill A2726A

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2726
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 22, 2025
                                ___________
 
 Introduced by M. of A. PAULIN -- read once and referred to the Committee
   on Health
 
 AN  ACT  to  amend the public health law and the social services law, in
   relation to the definition of family for purposes of services provided
   by voluntary foster care agency health facilities

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Subdivision 1 of section 2999-gg of the public health law,
 as added by section 1 of part N of chapter 56 of the laws  of  2017,  is
 amended to read as follows:
   1. In order for an authorized agency that is approved by the office of
 children  and  family  services  to  care  for or board out children, to
 provide limited health-related services as defined in regulations of the
 department either directly or indirectly through a contract arrangement,
 such agency shall obtain, in accordance with a schedule developed by the
 department in  conjunction  with  the  office  of  children  and  family
 services,  a  license issued by the commissioner in conjunction with the
 office of children and family services to provide  such  services.  Such
 schedule  shall  require  that all such authorized agencies operating on
 January first, two thousand nineteen obtain the license required by this
 section no  later  than  January  first,  two  thousand  nineteen.  Such
 licenses  shall  be issued in accordance with the standards set forth in
 this article and the regulations of the department  which  shall,  at  a
 minimum,  specify:  mandated health services AND TO WHOM SERVICES MAY BE
 PROVIDED, which shall include, but not be limited to, nursing and behav-
 ioral health services; general physical environment requirements;  mini-
 mum health and safety procedures; record management requirements; quali-
 ty  management  activities; and managed care liaison, fiscal and billing
 activities FOR YOUTH IN FOSTER CARE, AND THEIR FAMILIES, WHICH  FOR  THE
 PURPOSES  OF  THIS  SECTION  SHALL INCLUDE BOTH THE BIRTH FAMILY AND THE
 FOSTER FAMILY, AND OTHER FAMILIES RECEIVING CHILD WELFARE SERVICES  FROM
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00839-01-5
              

 A. 2726                             2
 
 THE  AUTHORIZED  AGENCY OR THE LOCAL DEPARTMENTS OF SOCIAL SERVICES.  In
 determining the criteria for  licensure,  regulations  shall  take  into
 account  the  size  and  type  of  each program, and shall be reasonably
 related  to  the provision of medical services. Provided however, that a
 license pursuant to this section shall not be required if  such  author-
 ized  agency  is  otherwise  authorized to provide the required limited-
 health-related services to foster children under a license issued pursu-
 ant to article twenty-eight of this chapter or article thirty-one of the
 mental hygiene law. For the purposes of this section, the  term  author-
 ized agency shall be an authorized agency as defined in paragraph (a) of
 subdivision  ten  of  section  three  hundred  seventy-one of the social
 services law.
   § 2. Paragraph (a) of subdivision 10 of  section  371  of  the  social
 services  law, as amended by chapter 107 of the laws of 2007, is amended
 to read as follows:
   (a) Any agency,  association,  corporation,  institution,  society  or
 other  organization which is incorporated or organized under the laws of
 this state with corporate power or empowered by  law  to  care  for,  to
 place out or to board out children, OR TO CARE FOR YOUTH IN FOSTER CARE,
 AND  THEIR  FAMILIES,  WHICH  FOR  THE  PURPOSES OF THIS PARAGRAPH SHALL
 INCLUDE BOTH THE BIRTH FAMILY AND THE FOSTER FAMILY, AND OTHER  FAMILIES
 RECEIVING CHILD WELFARE SERVICES FROM THE AUTHORIZED AGENCY OR THE LOCAL
 DEPARTMENTS  OF  SOCIAL  SERVICES  IN  THE  CASE  OF AUTHORIZED AGENCIES
 LICENSED PURSUANT TO SECTION TWENTY-NINE HUNDRED NINETY-NINE-GG  OF  THE
 PUBLIC  HEALTH LAW; which actually has its place of business or plant in
 this state and which is approved, visited, inspected and  supervised  by
 the  office  of  children  and family services or which shall submit and
 consent to the approval, visitation, inspection and supervision of  such
 office  as  to  any  and all acts in relation to the welfare of children
 performed or to be performed under this title; provided,  however,  that
 on and after June first, two thousand seven, such term shall not include
 any  for-profit  corporation  or other for-profit entity or organization
 for the purposes of the operation, management, supervision or  ownership
 of  agency  boarding homes, group homes, homes including family boarding
 homes of family free homes, or institutions  which  are  located  within
 this state;
   §  3.  This  act shall take effect on the ninetieth day after it shall
 have become a law.