Senate Bill S9563

                                 
BILL NUMBER: S9563

SPONSOR: CLEARE
 
TITLE OF BILL:

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

 
PURPOSE:

To protect Licensed Home Care Services Agencies (LHCSAs) from payment
recoupment if an employee's temporary protected status or other visa
status eligibility changes while they are in the midst of providing or
have already provided authorized home care services.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 would add new subdivisions 5 to section 3614-f of the public
health law.

The bill would ensure that a licensed home care services agency under
              

contract with an insurer be paid for the authorized home care services
by the insurer provided by a personal care aide or a home health aide
under employment by the licensed home care services agency regardless of
the temporary piotected status or other visa status of the foreign work-
er as defined under federal law and regulation. As long as the licensed
home services agency has a 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 insur-
er to licensed home care services agencies regardless of whether any
federal funds are available.

 
JUSTIFICATION:

Licensed Home Care Services Agencies employ a significant number of
Immigrants in New York State. The eligibility status of these essential
workers can change abruptly due to decisions made by the U.S. Department
of Homeland Security, White House actions, or court decisions. If an
employee's eligibility changes while they are in the midst of providing
or have already provided authorized home care services. When the status
changes LHCSAs face significant financial uncertainty as the change in
the employees status often results in insurers recouping payment from
the LHCSA despite the fact that the services have already }een provided
and the LHCSA operated in good faith in allowing the worker to provide
these services,

The home care sector is already struggling with unprecedented workforce
shortages and a large portion of workers in the homecare industry are
Immigrants, In 2022, there were 556,160 home care workers in New York
State, According to PHI's Workforce Data Center, 30% of these workers
are non-US citizens with legal authorization to work. The vast majority,
88%, are women, and more than half are between the ages of 45 and 64.
These are experienced, essential caregivers providing critical services
to older adults and individuals with disabilities in every community
across the state.
With approximately 30% of the home care workers in New York state being
immigrants many of which are on some version of a temporary protected
status or other visa status the frequent unpredictable changes on the
federal level create immense stress on LHCSAs who are already facing
recent rate reductions. When the status of a worker shifts and insurance
companies recoup payment for services rendered by the LHCSA in good
faith the lack of payment for these essential services creates signif-
icant financial hardship,

 
LEGISLATIVE HISTORY:

None

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect 60 days after it shall become law.