NY State Senate Bill 2021-S9476

Senate Bill S9476

2021-2022 Legislative Session

Relates to including additional positions in the definition of employee for the purposes of health care and mental hygiene worker bonuses

download bill text pdf

Archive: Last Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 02, 2022	referred to rules

2021-S9476 (ACTIVE) - Details

See Assembly Version of this Bill:: A10458
Current Committee:: Senate Rules
Law Section:: Social Services Law
Laws Affected:: Amd §367-w, Soc Serv L
Versions Introduced in 2023-2024 Legislative Session:: S6717, A1192

2021-S9476 (ACTIVE) - Summary

Relates to including additional positions in the definition of employee for the purposes of health care and mental hygiene worker bonuses.

2021-S9476 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S9476

SPONSOR: KAPLAN
 
TITLE OF BILL:

An act to amend the social services law, in relation to including addi-
tional positions in the definition of employee for the purposes of
health care and mental hygiene worker bonuses

 
PURPOSE OR GENERAL IDEA OF BILL:

To clarify that home health aides, personal care aides, personal care
aides and home attendants are included in the bonuses for frontline
healthcare workers that were provided for in the FY 2023 Budget in Part
D of the Health and Mental Hygiene Bill.

 
SUMMARY OF SPECIFIC PROVISIONS:

This amends Subsection 2 of section 367-w of the social services law to
include in the definition of "Employee" who qualifies for the bonus
"home health aide, personal care aide, home attendant, personal assist-
ant performing consumer directed personal assistance services pursuant

to section three hundred sixty-five-f of the social services law, or
other licensed or unlicensed person whose primary responsibility
includes the provision of in-home assistance with activities of daily
living".

 
JUSTIFICATION:

The final budget funded bonuses for numerous health care job titles
earning up to $125K per year but excluded home care workers. Home care
agencies will be in a position of giving bonuses to higher paid workers,
but not home health aides or personal care assistants. Hospital and
nursing home workers received a hazard pay bonus in 2021, received an 8%
wage increase over three years (collective bargaining, funded in large
part through the State budget), and are eligible for bonuses through the
SFY2023 budget.  Home care workers received no hazard pay bonuses in
2021, are the only frontline healthcare group not eligible for bonuses
in the SFY2023 budget, and will continue to be the lowest paid employees
in the health care workforce.

Home Care Workers are the largest and lowest paid healthcare workforce
(most home care workers are paid minimum wage) and have been experienc-
ing a mass exodus that is directly impacting the ability of vulnerable
New Yorkers to safely remain in their homes. These workers are crucial
to the health and well being of New York's most vulnerable residents.

 
PRIOR LEGISLATIVE HISTORY:

FY 2023 Budget Part D of the Health and Mental Hygiene Bill.

 
FISCAL IMPLICATIONS:

To Be Determined.

 
EFFECTIVE DATE:
Immediately

2021-S9476 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9476
 
                             I N  S E N A T E
 
                               June 2, 2022
                                ___________
 
 Introduced  by  Sen.  KAPLAN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the social services law, in relation to including  addi-
   tional  positions  in  the  definition of employee for the purposes of
   health care and mental hygiene worker bonuses
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subparagraph  (i)  of  paragraph  (a) of subdivision 2 of
 section 367-w of the social services law, as added by section 1 of  part
 ZZ of chapter 56 of the laws of 2022, is amended as follows:
   (i)   Physician  assistants,  dental  hygienists,  dental  assistants,
 psychiatric aides, pharmacists, pharmacy  technicians,  physical  thera-
 pists, physical therapy assistants, physical therapy aides, occupational
 therapists, occupational therapy assistants, occupational therapy aides,
 speech-language pathologists, respiratory therapists, exercise physiolo-
 gists,   recreational  therapists,  all  other  therapists,  orthotists,
 prosthetists, clinical laboratory technologists and  technicians,  diag-
 nostic  medical sonographers, nuclear medicine technologists, radiologic
 technologists,  magnetic  resonance  imaging  technologists,  ophthalmic
 medical technicians, radiation therapists, dietetic technicians, cardio-
 vascular  technologists  and  technicians,  certified  first responders,
 emergency medical technicians, advanced emergency  medical  technicians,
 paramedics,  surgical  technologists, all other health technologists and
 technicians, orderlies, HOME HEALTH AIDES,  PERSONAL  CARE  AIDES,  HOME
 ATTENDANTS,  PERSONAL  ASSISTANTS  PERFORMING CONSUMER DIRECTED PERSONAL
 ASSISTANCE SERVICES PURSUANT TO SECTION THREE  HUNDRED  SIXTY-FIVE-F  OF
 THIS  ARTICLE,  OR  OTHER  LICENSED  OR UNLICENSED PERSONS WHOSE PRIMARY
 RESPONSIBILITY INCLUDES THE PROVISION OF IN-HOME ASSISTANCE WITH  ACTIV-
 ITIES  OF  DAILY  LIVING,  INSTRUMENTAL  ACTIVITIES  OF  DAILY LIVING OR
 HEALTH-RELATED  TASKS,  medical  assistants,  phlebotomists,  all  other
 health  care  support workers, nurse anesthetists, nurse midwives, nurse
 practitioners, registered nurses, nursing assistants, and licensed prac-
 tical and licensed vocational nurses;
   § 2. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD15904-01-2

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