Assembly Bill A4796

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4796
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 6, 2025
                                ___________
 
 Introduced  by  M.  of A. E. BROWN, MAHER, TAGUE, DeSTEFANO -- read once
   and referred to the Committee on Mental Health
 
 AN ACT to amend the social services law and the mental hygiene  law,  in
   relation  to  establishing a minimum compensation standard for certain
   home health aides

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision 1 of section 368-a of the social services law
 is amended by adding a new paragraph (g-1) to read as follows:
   (G-1) NOTWITHSTANDING PARAGRAPH (G) OF THIS SUBDIVISION, SECTION THREE
 HUNDRED SIXTY-FOUR-J OF THIS TITLE OR ANY  OTHER  PROVISION  OF  LAW,  A
 REIMBURSEMENT  FOR  HOME HEALTH SERVICES PROVIDED FOR IN ACCORDANCE WITH
 PARAGRAPH (D) OF SUBDIVISION TWO OF SECTION THREE  HUNDRED  SIXTY-FIVE-A
 OF  THIS  TITLE  BY AN INDIVIDUAL OR SHARED AIDE PROVIDED BY AN APPROVED
 HOME HEALTH AGENCY WHEN SUCH SERVICES ARE DETERMINED TO BE  COST  EFFEC-
 TIVE  AND APPROPRIATE TO MEET THE RECIPIENT'S NEEDS FOR ASSISTANCE SHALL
 BE INCREASED TO A MINIMUM COMPENSATION STANDARD.  THE  COMMISSIONER,  IN
 CONSULTATION  WITH THE COMMISSIONER OF THE OFFICE FOR PEOPLE WITH DEVEL-
 OPMENTAL DISABILITIES, SHALL DEVELOP  METHODOLOGIES  TO  DETERMINE  SUCH
 MINIMUM COMPENSATION STANDARD.
   §  2. Section 13.15 of the mental hygiene law, as added by chapter 978
 of the laws of 1977, the section heading as amended by  chapter  168  of
 the  laws  of 2010, subdivision (a) as amended by chapter 37 of the laws
 of 2011, is amended to read as follows:
 § 13.15 Programs of the office for people with  developmental  disabili-
           ties.
   (a)  The commissioner shall plan, promote, establish, develop, coordi-
 nate, evaluate, and conduct programs and services of prevention, diagno-
 sis,  examination,  care,  treatment,  rehabilitation,   training,   and
 research for the benefit of individuals with developmental disabilities.
 Such  programs  shall  include but not be limited to in-patient, out-pa-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07248-01-5
              

 A. 4796                             2
 
 tient, partial hospitalization, day care, emergency, rehabilitative, and
 other appropriate treatments and services. [He] SUCH COMMISSIONER  shall
 take  all  actions that are necessary, desirable, or proper to implement
 the  purposes  of  this chapter and to carry out the purposes and objec-
 tives of the office within the amounts made available therefor by appro-
 priation, grant, gift, devise, bequest, or allocation  from  the  mental
 health  services  fund  established  under section ninety-seven-f of the
 state finance law.
   (b) The activities described in subdivision (a) of this section may be
 undertaken in cooperation and agreement with other offices,  departments
 or  agencies  of  the  state, local or federal government, or with other
 organizations and individuals.
   (C) THE COMMISSIONER, IN CONSULTATION WITH THE COMMISSIONER OF HEALTH,
 SHALL DEVELOP MINIMUM COMPENSATION STANDARDS FOR  THE  REIMBURSEMENT  OF
 HOME HEALTH AGENCIES AND PERSONS EMPLOYED THEREOF.
   § 3. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.