Directs the commissioner of labor and the commissioner of health to conduct a labor market study of the home care and hospice workforce; establishes a temporary labor task force for home care and hospice services and occupations to examine and make recommendations regarding competitive labor market factors, reimbursement, programs and other state policy actions necessary to support recruitment and retention of the home care and hospice workforce in the broader, competitive health labor market.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A3354
SPONSOR: Bronson TITLE OF BILL:
An act directing the commissioner of labor to conduct a labor market
study and establishing a temporary labor task force for home care and
hospice services and occupations in New York State; and providing for
the repeal of certain provisions upon the expiration thereof
PURPOSE OR GENERAL IDEA OF BILL:
To authorize the state commissioner of labor, with the assistance of
collaborating state agencies, to conduct a competitive labor market
study to assess and make recommendations for home care and hospice capa-
bility to compete in the labor market for recruitment and retentionoof
direct care staff to meet patient and health system needs, and to estab-
lish a taskforce to promote entrance, practice, career development and
retention in home health and hospice occupations, including home health
aide, nursing, physical therapy, occupational therapy, social work and
others that the commissioner designates.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1: Sets forth the home care-hospice labor market study and
recommendations under the direction of the state commissioner of labor,
with the collaboration of the commissioner of health.
Section 2: Sets for the home care-hospice labor task force, under the
co-chairmanship of the commissioner of labor and director of the office
for aging and the collaborative support of assistance of the departments
of health and aging, and the office of mental health.
Section 3: Provides the effective date.
JUSTIFICATION:
Both New York State and the United States Department of Labor analyses
show home care occupations to be among the top projected occupational
needs for the foreseeable future. The needs are driven and compounded
by: major demographic changes (in particular the aging of the popu-
lation); changes in state of the art medical practice enabling individ-
uals to live longer, and to survive and live adapting to major trauma
and chronic illness; major changes in hospital and institutional care
use prompted by state and federal health care reforms; and other.
Recruitment and retention of individuals for health occupations in home
care and hospice sufficient to meet demand is a major challenge on its
own, but is made more complex by home care and hospice's less compet-
itive positions in the labor market and in the lesser awareness and
interest of individuals to enter and work in the home care and hospice
fields. Home care and hospice ability to compete to recruit and retain
staff is at a huge disadvantage as these providers are also most often
not reimbursed at competitive levels with other major employers in the
market for the same health labor force, when work in the home care and
hospice fields is inherently demanding in unique and extremely challeng-
ing ways. The lack of individuals entering and staying in home care and
hospice occupations, in comparison to the current and future need, is of
crisis proportions around NYS in terms of patient access and overall
health system function. This legislation takes on critical short and
long-term elements that need to be addressed in to ensure an adequate
health home health and hospice labor force, and indeed, adequate health
care, for New Yorkers.
PRIOR LEGISLATIVE HISTORY:
2023-24: referred to Labor;
2021-22: referred to Labor;
2019-20 referred to Labor
FISCAL IMPLICATIONS:
None. The legislation seeks corrections and initiatives that will
prevent higher costs to the state by enabling the home care and hospice
systems to have adequate staff to service the patient and community
need. Any rate reimbursement changes or other fiscal measures recom-
mended to the Legislature and Governor by either the market study or the
labor task force would be subject to future budget decision-making.
EFFECTIVE DATE:
Immediately, provided that the task force provisions of the bill shall
expire on and after January 31, 2028.
