NY State Senate Bill 2023-S7726

Senate Bill S7726

2023-2024 Legislative Session

Directs the development of a demonstration program to authorize individuals aged sixteen and seventeen to be consumer directed personal assistants

download bill text pdf

Current Bill Status - In Senate Committee Health 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to health
Oct 25, 2023	referred to rules

2023-S7726 (ACTIVE) - Details

See Assembly Version of this Bill:: A8249
Current Committee:: Senate Health
Law Section:: Social Services Law
Laws Affected:: Amd §365-f, Soc Serv L

2023-S7726 (ACTIVE) - Summary

Directs the development of a demonstration program to authorize individuals aged sixteen and seventeen to be consumer directed personal assistants.

2023-S7726 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7726

SPONSOR: WEBB
 
TITLE OF BILL:

An act to amend the social services law, in relation to directing the
development of a demonstration program to authorize individuals aged
sixteen and seventeen to be consumer directed personal assistants; and
providing for the repeal of such provisions upon expiration thereof

 
PURPOSE:

Directs the development of a demonstration program to authorize individ-
uals aged sixteen and seventeen to be consumer directed personal assist-
ants

 
SUMMARY OF PROVISIONS:

Section 1 adds a new subdivision 3-a to allow for the development of a
demonstration program to authorize sixteen and seventeen year olds to
serve as consumer directed personal assistants. These individuals shall
adhere to labor laws and shall not be authorized to work more than 8

hours a day, six days a week.

Section 2.The effective date.

 
JUSTIFICATION:

The Consumer Directed Personal Assistance Program (CDPAP) has a rich
history in New York, providing the option for individuals who need some
assistance with their activities of daily living in order to age in
place and remain in their homes. This program is crucial to those who
are able to direct their own care and able to hire their own personal
care aides to help them live outside of the confines of a long-term
residential facility.

The Bureau of Labor Statistics projects that employment of home health
aides and personal care aides will grow 32% from 2020 to 2030, much
faster than the average for all occupations. This growth is being driven
by the aging population and the increasing number of people with chronic
health conditions. However, the home care workforce, including personal
care aides, is struggling to keep up with demand. In 2021, there were an
estimated 1.2 million job openings for home health aides and personal
care aides, but only 990,000 people were employed in these occupations.
This shortage is expected to worsen in the coming years, as the number
of older adults continues to grow.

This legislation seeks to provide some relief to the home care workforce
shortage by authorizing a demonstration program that will allow 16- and
17-year-olds to work as personal care aides through the CDPAP program.
Over the past several years, CDPAP consumers have found it very diffi-
cult to attract and retain personal care aides through this program due
to the low reimbursement rates through the medicaid program and dimin-
ishing health care workforce. States like Minnesota have already
expanded their workforce for personal care aides to include 16- and 17-
year olds to address the growing need for caregivers. Not only will this
demonstration program assist consumers of CDPAP through the expansion of
the potential workforce, but it provides younger personal care aids with

valuable work experience and the opportunity to learn about the health-
care field.

The demonstration program would be evaluated after three years to deter-
mine its effectiveness.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

Undetermined.

 
EFFECTIVE DATE:
This act shall take effect immediately and shall expire and be deemed
repealed three years after such date.

2023-S7726 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7726
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             October 25, 2023
                                ___________
 
 Introduced  by  Sen.  WEBB  --  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  directing  the
   development  of  a demonstration program to authorize individuals aged
   sixteen and seventeen to be consumer directed personal assistants; and
   providing for the repeal of such provisions upon expiration thereof
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  365-f  of  the social services law is amended by
 adding a new subdivision 3-a to read as follows:
   3-A. (A) THE COMMISSIONER  IS  DIRECTED  TO  DEVELOP  A  DEMONSTRATION
 PROGRAM  TO AUTHORIZE INDIVIDUALS AGED SIXTEEN AND SEVENTEEN, WHO ARE IN
 COMPLIANCE WITH SECTION ONE HUNDRED THIRTY-TWO OF THE LABOR LAW,  TO  BE
 CONSUMER DIRECTED PERSONAL ASSISTANTS UNDER THE INSTRUCTION, SUPERVISION
 AND  DIRECTION  OF A CONSUMER OR CONSUMER'S DESIGNATED REPRESENTATIVE IN
 THE CONSUMER DIRECTED  PERSONAL  ASSISTANCE  PROGRAM  PURSUANT  TO  THIS
 SECTION.
   (B)  AN  INDIVIDUAL  SERVING AS A CONSUMER DIRECTED PERSONAL ASSISTANT
 PURSUANT TO THE DEMONSTRATION PROGRAM DEVELOPED UNDER THIS SECTION SHALL
 NOT BE AUTHORIZED TO WORK MORE THAN EIGHT HOURS A DAY, SIX DAYS A WEEK.
   § 2. This act shall take effect immediately and shall  expire  and  be
 deemed repealed three years after such date.
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11889-02-3

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