S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4025
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 9, 2023
                                ___________
 
 Introduced by M. of A. E. BROWN -- read once and referred to the Commit-
   tee 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.
                                                            LBD03121-01-3
              

 A. 4025                             2
 
 tient, partial hospitalization, day care, emergency, rehabilitative, and
 other  appropriate  treatments  and  services.  He OR SHE shall take all
 actions that are  necessary,  desirable,  or  proper  to  implement  the
 purposes of this chapter and to carry out the purposes and objectives of
 the  office within the amounts made available therefor by appropriation,
 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.