Requires insurers to pay a licensed home care services agency for work provided by a personal care aide or a home health aide with temporary protected status or other visa status; requires the licensed home services agency to have made a good faith effort to establish the employment eligibility of personal care aide or a home health aide consistent with federal regulation and statutes.
S T A T E O F N E W Y O R K
________________________________________________________________________
9630
I N A S S E M B L Y
January 21, 2026
___________
Introduced by M. of A. PAULIN -- read once and referred to the Committee
on Health
AN ACT to amend the public health law, in relation to payment for work
by a personal care aide or a home health aide with temporary protected
status or other visa status
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 3614-f of the public health law is amended by
adding a new subdivision 5 to read as follows:
5. A LICENSED HOME CARE SERVICES AGENCY UNDER CONTRACT WITH AN INSURER
SHALL BE PAID FOR THE PROVISION OF AUTHORIZED HOME CARE SERVICES BY SUCH
INSURER PROVIDED BY A PERSONAL CARE AIDE OR A HOME HEALTH AIDE UNDER
EMPLOYMENT BY SUCH LICENSED HOME CARE SERVICES AGENCY REGARDLESS OF THE
TEMPORARY PROTECTED STATUS OR OTHER VISA STATUS OF SUCH FOREIGN WORKER
AS DEFINED UNDER FEDERAL LAW AND REGULATION, PROVIDED, HOWEVER, SUCH
LICENSED HOME SERVICES AGENCY SHALL HAVE MADE GOOD FAITH EFFORTS TO
ESTABLISH THE EMPLOYMENT ELIGIBILITY OF SUCH PERSONAL CARE AIDE OR A
HOME HEALTH AIDE CONSISTENT WITH FEDERAL REGULATION AND STATUTES. NO
PAYMENTS SHALL BE RECOUPED BY AN INSURER FOR HOME CARE SERVICES PURSUANT
TO THIS SUBDIVISION AND ANY PAYMENTS SHALL BE MADE BY AN INSURER TO
LICENSED HOME CARE SERVICES AGENCIES REGARDLESS OF WHETHER ANY FEDERAL
FUNDS ARE AVAILABLE.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14434-01-6
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