A07257 Summary:

BILL NOA07257B
 
SAME ASSAME AS S05602-B
 
SPONSORTitus
 
COSPNSRHeastie, Aubry, Hooper, Wright, Farrell, Dinowitz, Peoples-Stokes, Markey, Kavanagh, Abinanti, Sepulveda, Braunstein, DenDekker, Fahy, Gottfried, Jaffee, Mayer, Rosenthal, Cahill, Pichardo, Colton, Morelle, Bronson, Russell, Skartados, Jean-Pierre, Moya, Rodriguez, Walker, Linares, Cancel, Simon
 
MLTSPNSRBlake, Cook, Crespo, Davila, Gantt, Glick, Kim, Lavine, Lifton, Magnarelli, Mosley, Nolan, Ortiz, Otis, Perry, Pretlow, Ramos, Robinson, Rozic, Schimel, Simotas, Solages, Steck, Thiele, Titone, Weinstein, Weprin
 
Amd 651 & 652, Lab L; amd 2023-a, Ed L; amd 3-c, Gen Muni L; amd Part H 92 sub 1, Chap 59 of 2011; amd 3614-c, Pub Health L
 
Relates to the minimum wage.
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A07257 Actions:

BILL NOA07257B
 
04/29/2015referred to labor
05/04/2015reported referred to ways and means
05/04/2015reported referred to rules
05/04/2015reported
05/04/2015rules report cal.36
05/04/2015ordered to third reading rules cal.36
05/04/2015passed assembly
05/04/2015delivered to senate
05/04/2015REFERRED TO LABOR
01/06/2016DIED IN SENATE
01/06/2016RETURNED TO ASSEMBLY
01/06/2016ordered to third reading cal.277
01/26/2016amended on third reading (t) 7257a
02/25/2016amended on third reading (t) 7257b
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A07257 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A7257B
 
SPONSOR: Titus (MS)
  TITLE OF BILL: An act to amend the labor law, the education law and the general munici- pal law, in relation to the minimum wage; to amend the public health law, in relation to home care worker wage parity; and to amend part H of chapter 59 of the laws of 2011, amending the public health law and other laws relating to known and projected department of health state fund medicaid expenditures, in relation to medicaid disbursements   SUMMARY OF PROVISIONS: Sections 1 and 2 of the bill would amend § 651 of the Labor Law to require that state and municipal governments and political subdivisions thereof pay their employees the statutory minimum wage. Section 3 of the bill would amend § 652 of the Labor Law to raise the statutory minimum wage to $10.50 in New York City and Nassau, Suffolk, and Westchester counties and $9.75 in the rest of the State on July 1, 2016; to $12.00 in New York City and Nassau, Suffolk, and Westchester counties and $10.75 in the rest of the state on December 31, 2016; to $13.50 in New York City and Nassau, Suffolk, and Westchester counties and $11.75 in the rest of the state on December 31, 2017; to $15.00 in New York City and Nassau, Suffolk, and Westchester counties and $12.75 in the rest of the state on December 31, 2018; to $13.75 in in the rest of the state on December 31, 2019; to $14.50 in the rest of the state by December 31, 2020; and to $15.00 in the rest of the state by December 31, 2021. On and after December 31, 2018 in New York City and Nassau, Suffolk and Westchester counties and December 31, 2021 in the rest of the state the minimum wage would be indexed to the rate of inflation. Section 2 would also provide that the lower minimum wage set for upstate New York would apply to the entire state for purposes of eligibility for unemployment. Sections 4 and 5 of the bill would exempt any minimum wage increase attributable to § 652 of the labor law from the calculation of real property tax caps for schools and municipalities. Section 6 of the bill would exempt any minimum wage increases attribut- able to § 652 of the labor law from the global cap on Medicaid. Section 7 of the bill would provide that the cash portion of the wage for home health aides in New York City, Nassau, Suffolk, and Westchester must be increased in response to a minimum wage increase. Section 8 of the bill would require that any increase attributable to the increase in the minimum wage be excluded from the calculation of any policy of the state regarding spending limitations in the enacted budget relating to the state's financial plans and capital improvement program. It would also require that programs or services, including those provided through not-for-profits, funded by New York State through certain enumerated agencies be adjusted to reflect the increase in labor costs related to the minimum wage. Section 9 is a severability provision. Section 10 is the effective date.   JUSTIFICATION: When Congress enacted the Fair Labor Standards Act in 1938 and prescribed a minimum wage, it was intended to ensure that low-wage work- ers would earn, at the very least, a liveable wage. Over the years, data has shown that the federal government's actions to preserve this stand- ard against the erosive power of inflation have fallen decades behind. If the 1968 minimum wage of $1.50 had been indexed to inflation, it would have the purchasing power of over $12.00 today. While the recent increase to the minimum wage to $9.00 is a start, more can be done to help families meet the rising costs of food and shelter, health care, transportation, child care and other necessities. This bill ensures that the state's minimum wage will keep pace with inflation and also recognizes that the state is diverse, with the cost of living varying by region. Providing for a higher minimum wage in areas of the state with a higher cost of living will enable residents in all regions of the State to make a livable wage that is commensurate with their needs. Health care workers and other human services providers cannot be left behind. To ensure that there are sufficient resources available for the Medicaid program to support these wage increases without impacting services, the bill would exempt any costs attributable to the increase in the minimum wage from the annual global growth cap on the State's share of Department of Health Medicaid expenditures. Additionally, there are many vital human services functions performed by not-for-pro- fit organizations that contract with the State. In order for such non- profits to continue to provide high-quality services, the Assembly anticipates that the wage increases under the bill will be funded in the Enacted Budget. Finally, an exclusion from the real property tax cap and any State spending limitation of any expenditures attributable to the increase in the minimum wage would enable school districts, munici- palities, and the State to effectively address any cost increases and ensure the provision of necessary educational, community, and human services.   LEGISLATIVE HISTORY: New legislation.   FISCAL IMPLICATIONS: None to the State.   EFFECTIVE DATE: This act would take effect immediately.
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A07257 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         7257--B
                                                                Cal. No. 277
 
                               2015-2016 Regular Sessions
 
                   IN ASSEMBLY
 
                                     April 29, 2015
                                       ___________
 
        Introduced  by  M. of A. TITUS, HEASTIE, AUBRY, HOOPER, WRIGHT, FARRELL,
          DINOWITZ,  PEOPLES-STOKES,  MARKEY,  KAVANAGH,  ABINANTI,   SEPULVEDA,
          BRAUNSTEIN,  CLARK,  DenDEKKER, FAHY, GOTTFRIED, JAFFEE, MAYER, ROSEN-
          THAL, CAHILL, PICHARDO, COLTON, MORELLE, BRONSON, RUSSELL,  SKARTADOS,
          JEAN-PIERRE, KAMINSKY, MOYA, RODRIGUEZ, WALKER, LINARES -- Multi-Spon-
          sored  by -- M.  of A. BLAKE, COOK, CRESPO, DAVILA, GANTT, GLICK, KIM,
          LAVINE, LIFTON, MAGNARELLI, MOSLEY, NOLAN, ORTIZ, OTIS,  PERRY,  PRET-
          LOW, RAMOS, ROBINSON, ROZIC, SCHIMEL, SIMOTAS, SOLAGES, STECK, THIELE,
          TITONE,  WEINSTEIN,  WEPRIN -- read once and referred to the Committee
          on  Labor  --  advanced  to  a  third  reading,  amended  and  ordered
          reprinted,  retaining its place on the order of third reading -- again
          amended on third reading, ordered reprinted, retaining  its  place  on
          the order of third reading
 
        AN ACT to amend the labor law, the education law and the general munici-
          pal  law,  in relation to the minimum wage; to amend the public health
          law, in relation to home care worker wage parity; and to amend part  H
          of  chapter 59 of the laws of 2011, amending the public health law and
          other laws relating to known and projected department of health  state
          fund medicaid expenditures, in relation to medicaid disbursements
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Paragraph (n) of subdivision 5 of section 651 of the  labor
     2  law,  as  amended by chapter 481 of the laws of 2010, is amended to read
     3  as follows:
     4    (n) by [a] the federal[, state or municipal] government  or  political
     5  subdivision  thereof.  The exclusions from the term "employee" contained
     6  in this subdivision shall be as defined by regulations  of  the  commis-
     7  sioner; or
     8    §  2.  Subdivision  6  of  section 651 of the labor law, as amended by
     9  chapter 281 of the laws of 2002, is amended to read as follows:
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10738-05-6

        A. 7257--B                          2
 
     1    6.  "Employer"  includes  any  individual,  partnership,  association,
     2  corporation,  limited liability company, business trust, legal represen-
     3  tative, state or municipal government or political subdivision  thereof,
     4  or any organized group of persons acting as employer.
     5    §  3.  Subdivision  1  of  section 652 of the labor law, as amended by
     6  section 1 of part P of chapter 57 of the laws of 2013 is amended to read
     7  as follows:
     8    1. Statutory. (a) Every employer shall pay to each  of  its  employees
     9  for each hour worked a wage of not less than:
    10    $4.25 on and after April 1, 1991,
    11    $5.15 on and after March 31, 2000,
    12    $6.00 on and after January 1, 2005,
    13    $6.75 on and after January 1, 2006,
    14    $7.15 on and after January 1, 2007,
    15    $8.00 on and after December 31, 2013,
    16    $8.75 on and after December 31, 2014,
    17    $9.00  on and after December 31, 2015, or, if greater, such other wage
    18  as may be established by federal law pursuant to 29 U.S.C.  section  206
    19  or its successors
    20  or  such  other  wage  as  may  be  established  in  accordance with the
    21  provisions of this article.
    22    (b) Employers in all areas of the state not covered by  paragraph  (c)
    23  of  this  subdivision  shall  pay to each of its employees for each hour
    24  worked a wage of not less than:
    25    $9.75 on and after July 1, 2016,
    26    $10.75 on and after December 31, 2016,
    27    $11.75 on and after December 31, 2017,
    28    $12.75 on and after December 31, 2018,
    29    $13.75 on and after December 31, 2019,
    30    $14.50 on and after December 31, 2020, and
    31    $15.00, and on and after December  31,  2021  and  on  each  following
    32  December thirty-first, the commissioner shall calculate and establish an
    33  adjusted  minimum  wage rate by increasing the then current minimum wage
    34  rate by the rate of inflation for the most recent  twelve  month  period
    35  available  prior  to each December thirty-first using the consumer price
    36  index-all urban consumers, CPI-U, or a successor index as calculated  by
    37  the  United  States  Department  of  Labor, if such rate of inflation is
    38  greater than zero percent, or, if greater, such other  wage  as  may  be
    39  established  by  federal  law  pursuant  to 29 U.S.C. section 206 or its
    40  successors or such other wage as may be established in  accordance  with
    41  the provisions of this article.
    42    (c) Employers in a city with a population in excess of one million and
    43  in counties with a population of nine hundred thousand or more that fall
    44  within  the  metropolitan commuter transportation district as defined in
    45  section twelve hundred sixty-two of the public  authorities  law,  shall
    46  pay  to  each  of  its employees for each hour worked a wage of not less
    47  than:
    48    $10.50 on and after July 1, 2016,
    49    $12.00 on and after December 31, 2016,
    50    $13.50 on and after December 31, 2017, and
    51    $15.00 on and after December 31, 2018 and on each  following  December
    52  thirty-first, the commissioner shall calculate and establish an adjusted
    53  minimum  wage  rate  by increasing the then current minimum wage rate by
    54  the rate of inflation for the most recent twelve month period  available
    55  prior  to  each December thirty-first using the consumer price index-all
    56  urban consumers, CPI-U, or a successor index as calculated by the United

        A. 7257--B                          3
 
     1  States Department of Labor, if such rate of inflation  is  greater  than
     2  zero  percent,  or, if greater, such other wage as may be established by
     3  federal law pursuant to 29 U.S.C. section 206 or its successors or  such
     4  other  wage  as  may be established in accordance with the provisions of
     5  this article.
     6    (d) The rates and schedule established  in  subdivision  (c)  of  this
     7  section  shall  not be deemed to be the minimum wage for purposes of the
     8  calculations specified in subdivisions  one  and  two  of  section  five
     9  hundred twenty-seven of this chapter.
    10    §  4.  Paragraph a of subdivision 3 of section 2023-a of the education
    11  law is amended by adding a new subparagraph 3-a to read as follows:
    12    (3-a) Add any increase  attributable  to  increases  in  minimum  wage
    13  pursuant to section six hundred fifty-two of the labor law.
    14    §  5.  Paragraph  (c)  of  subdivision 3 of section 3-c of the general
    15  municipal law, as added by section 1 of part A of chapter 97 of the laws
    16  of 2011, is amended to read as follows:
    17    (c) Each local government shall calculate the tax levy limit  applica-
    18  ble to the coming fiscal year which shall be determined as follows:
    19    (i)  Ascertain  the  total amount of taxes levied for the prior fiscal
    20  year.
    21    (ii) Multiply the result by the tax  base  growth  factor,  calculated
    22  pursuant to paragraph (b) of this subdivision, if any.
    23    (iii)  Add  any  payments in lieu of taxes that were receivable in the
    24  prior fiscal year.
    25    (iv) Add any increases  attributable  to  increases  in  minimum  wage
    26  pursuant to section six hundred fifty-two of the labor law.
    27    (v)  Subtract  the tax levy necessary to support expenditures pursuant
    28  to subparagraph (i) of paragraph (g) of subdivision two of this  section
    29  for the prior fiscal year, if any.
    30    [(v)] (vi) Multiply the result by the allowable levy growth factor.
    31    [(vi)]  (vii) Subtract any payments in lieu of taxes receivable in the
    32  coming fiscal year.
    33    [(vii)] (viii) Add the available carryover, if any.
    34    § 6. Subdivision 1 of section 92 of part H of chapter 59 of  the  laws
    35  of 2011, amending the public health law and other laws relating to known
    36  and  projected department of health state fund medicaid expenditures, as
    37  amended by section 8 of part B of chapter 57 of the  laws  of  2015,  is
    38  amended to read as follows:
    39    1. For state fiscal years 2011-12 through 2016-17, the director of the
    40  budget,  in  consultation  with the commissioner of health referenced as
    41  "commissioner" for purposes of this section, shall assess on  a  monthly
    42  basis,  as  reflected in monthly reports pursuant to subdivision five of
    43  this section known and projected department of health state funds  medi-
    44  caid  expenditures  by category of service and by geographic regions, as
    45  defined by the commissioner, and if the director of  the  budget  deter-
    46  mines  that  such  expenditures are expected to cause medicaid disburse-
    47  ments for such period to exceed the projected department of health medi-
    48  caid state funds disbursements in  the  enacted  budget  financial  plan
    49  pursuant  to  subdivision  3 of section 23 of the state finance law, the
    50  commissioner of health, in consultation with the director of the budget,
    51  shall develop a medicaid savings allocation plan to limit such  spending
    52  to  the  aggregate limit level specified in the enacted budget financial
    53  plan, provided, however, such projections may be adjusted by the  direc-
    54  tor  of  the  budget  to  account  for any changes in the New York state
    55  federal medical assistance percentage amount established pursuant to the
    56  federal social security act, changes in provider revenues, reductions to

        A. 7257--B                          4
 
     1  local social services district medical  assistance  administration,  and
     2  beginning  April  1,  2012  the  operational costs of the New York state
     3  medical indemnity fund and state costs or savings from the basic  health
     4  plan.  Such projections may be adjusted by the director of the budget to
     5  account  for  increased  or  expedited  department of health state funds
     6  medicaid expenditures as a result of a natural or other type  of  disas-
     7  ter, including a governmental declaration of emergency.  For purposes of
     8  this  section, for periods on and after July 1, 2016, medicaid disburse-
     9  ments shall not include any additional expenditures related to increases
    10  in the minimum wage established pursuant to section  652  of  the  labor
    11  law.
    12    §  7.  Section 3614-c of the public health law, as added by section 33
    13  of part H of chapter 59 of the laws of  2011,  is  amended  to  read  as
    14  follows:
    15    §  3614-c.  Home  care worker wage parity. 1. As used in this section,
    16  the following terms shall have the following meaning:
    17    (a) "Living wage law" means any law  enacted  by  Nassau,  Suffolk  or
    18  Westchester  county  or  a city with a population of one million or more
    19  which establishes a minimum wage for some or all employees  who  perform
    20  work on contracts with such county or city.
    21    (b) "Total compensation" means all wages and other direct compensation
    22  paid to or provided on behalf of the employee including, but not limited
    23  to, wages, health, education or pension benefits, supplements in lieu of
    24  benefits  and  compensated  time  off,  except  that it does not include
    25  employer taxes or employer portion of payments for  statutory  benefits,
    26  including  but  not  limited to FICA, disability insurance, unemployment
    27  insurance and workers' compensation.
    28    (c) "Prevailing rate of total compensation" means the  average  hourly
    29  amount  of  total  compensation  paid  to all home care aides covered by
    30  whatever collectively bargained agreement covers the greatest number  of
    31  home  care aides in a city with a population of one million or more. For
    32  purposes of this definition, any set of  collectively  bargained  agree-
    33  ments  in  such  city  with  substantially the same terms and conditions
    34  relating to total compensation shall be considered as a  single  collec-
    35  tively bargained agreement.
    36    (d)  "Home  care  aide"  means a home health aide, personal care aide,
    37  home attendant or other licensed  or  unlicensed  person  whose  primary
    38  responsibility  includes the provision of in-home assistance with activ-
    39  ities of daily  living,  instrumental  activities  of  daily  living  or
    40  health-related  tasks;  provided,  however, that home care aide does not
    41  include any individual (i) working on a casual basis, or (ii) who  is  a
    42  relative  through  blood,  marriage or adoption of: (1) the employer; or
    43  (2) the person for whom the  worker  is  delivering  services,  under  a
    44  program funded or administered by federal, state or local government.
    45    (e)  "Managed  care plan" means any managed care program, organization
    46  or demonstration covering personal care or home  health  aide  services,
    47  and which receives premiums funded, in whole or in part, by the New York
    48  state medical assistance program, including but not limited to all Medi-
    49  caid  managed care, Medicaid managed long term care, Medicaid advantage,
    50  and Medicaid advantage plus plans and all programs of all-inclusive care
    51  for the elderly.
    52    (f) "Episode of care" means any service unit reimbursed, in  whole  or
    53  in  part,  by  the  New  York  state medical assistance program, whether
    54  through direct reimbursement or covered by a premium payment, and  which
    55  covers,  in  whole or in part, any service provided by a home care aide,

        A. 7257--B                          5

     1  including but not limited to all service units defined as visits, hours,
     2  days, months or episodes.
     3    (g)  "Cash  portion of the minimum rate of home care aid total compen-
     4  sation" means the minimum amount of home care  aide  total  compensation
     5  that  may  be  paid  in  cash  wages, as determined by the department in
     6  consultation with the department of labor.
     7    (h) "Benefit portion of the minimum  rate  of  home  care  aide  total
     8  compensation"  means  the  portion  of home care aide total compensation
     9  that may be paid in cash or health, education or pension benefits,  wage
    10  differentials, supplements in lieu of benefits and compensated time off,
    11  as  determined  by the department in consultation with the department of
    12  labor. Cash wages paid pursuant to increases in  the  state  or  federal
    13  minimum  wage cannot be used to satisfy the benefit portion of the mini-
    14  mum rate of home care aide total compensation.
    15    2. Notwithstanding any inconsistent provision of law,  rule  or  regu-
    16  lation,  no  payments  by government agencies shall be made to certified
    17  home health agencies, long term home health  care  programs  or  managed
    18  care  plans  for  any episode of care furnished, in whole or in part, by
    19  any home care aide who is compensated at amounts less than the  applica-
    20  ble minimum rate of home care aide total compensation established pursu-
    21  ant to this section.
    22    3. (a) The minimum rate of home care aide total compensation in a city
    23  with a population of one million or more shall be:
    24    (i)  for  the period March first, two thousand twelve through February
    25  twenty-eighth, two  thousand  thirteen,  ninety  percent  of  the  total
    26  compensation mandated by the living wage law of such city;
    27    (ii)  for the period March first, two thousand thirteen through Febru-
    28  ary twenty-eighth, two thousand fourteen,  ninety-five  percent  of  the
    29  total compensation mandated by the living wage law of such city;
    30    (iii) for [all periods on and after] the period March first, two thou-
    31  sand  fourteen  through March thirty-first two thousand sixteen, no less
    32  than the prevailing rate of total compensation as of January first,  two
    33  thousand  eleven,  or the total compensation mandated by the living wage
    34  law of such city, whichever is greater;
    35    (iv) for all periods on or after April first,  two  thousand  sixteen,
    36  the  cash  portion  of  the minimum rate of home care aide total compen-
    37  sation shall be ten dollars or the minimum wage as laid out in paragraph
    38  (c) of subdivision one of section six hundred  fifty-two  of  the  labor
    39  law,  whichever  is  higher.  The benefit portion of the minimum rate of
    40  home care aide total compensation shall be four dollars and nine cents.
    41    (b) The minimum rate of home care aide total compensation in the coun-
    42  ties of Nassau, Suffolk and Westchester shall be:
    43    (i) for the period March first, two thousand thirteen through February
    44  twenty-eighth, two  thousand  fourteen,  ninety  percent  of  the  total
    45  compensation  mandated by the living wage law as set on March first, two
    46  thousand thirteen of a city with a population of a million or more;
    47    (ii) for the period March first, two thousand fourteen through  Febru-
    48  ary  twenty-eighth,  two  thousand  fifteen,  ninety-five percent of the
    49  total compensation mandated by the living  wage  law  as  set  on  March
    50  first, two thousand fourteen of a city with a population of a million or
    51  more;
    52    (iii) for the period March first, two thousand fifteen, through Febru-
    53  ary  twenty-eighth,  two  thousand  sixteen,  one hundred percent of the
    54  total compensation mandated by the living  wage  law  as  set  on  March
    55  first,  two thousand fifteen of a city with a population of a million or
    56  more;

        A. 7257--B                          6
 
     1    (iv) for all periods on or after March first,  two  thousand  sixteen,
     2  [the  lesser of (i) one hundred and fifteen percent of the total compen-
     3  sation mandated by the living wage law as set on  March  first  of  each
     4  succeeding  year  of a city with a population of one million or more or;
     5  (ii)  the  total compensation mandated by the living wage law of Nassau,
     6  Suffolk or Westchester county, based on the location of the  episode  of
     7  care]  the  cash  portion  of  the  minimum rate of home care aide total
     8  compensation shall be ten dollars or the minimum wage  as  laid  out  in
     9  paragraph (c) of subdivision one of section six hundred fifty-two of the
    10  labor  law, whichever is higher. The benefit portion of the minimum rate
    11  of home care aide total compensation shall be three dollars and  twenty-
    12  two cents.
    13    4.  [Any  portion  of the minimum rate of home care aide total compen-
    14  sation attributable to health benefit  costs  or  payments  in  lieu  of
    15  health  benefits, and paid time off, as established pursuant to subdivi-
    16  sion three of this section shall be  superseded  by  the  terms  of  any
    17  employer bona fide collective bargaining agreement in effect as of Janu-
    18  ary  first, two thousand eleven, or a successor to such agreement, which
    19  provides for home care aides' health benefits through payments to joint-
    20  ly administered labor-management funds.
    21    5.] The terms of this section shall apply equally to services provided
    22  by home care aides who work on episodes of care as direct  employees  of
    23  certified  home health agencies, long term home health care programs, or
    24  managed care plans, or as employees of licensed home care services agen-
    25  cies, limited licensed home care services agencies, or under  any  other
    26  arrangement.
    27    [6.]  5. No payments by government agencies shall be made to certified
    28  home health agencies, long term home health care  programs,  or  managed
    29  care  plans  for  any  episode of care without the certified home health
    30  agency, long term home health care program, or managed care plan  having
    31  delivered  prior  written  certification  to  the commissioner, on forms
    32  prepared by the department in consultation with the department of labor,
    33  that all services provided under  each  episode  of  care  are  in  full
    34  compliance with the terms of this section and any regulations promulgat-
    35  ed pursuant to this section.
    36    [7.]  6.  If  a  certified home health agency or long term home health
    37  care program elects to provide home care aide services through contracts
    38  with licensed  home  care  services  agencies  or  through  other  third
    39  parties,  provided  that the episode of care on which the home care aide
    40  works is covered under the terms of this  section,  the  certified  home
    41  health  agency, long term home health care program, or managed care plan
    42  must obtain a written certification from the licensed home care services
    43  agency or other third party, on forms  prepared  by  the  department  in
    44  consultation with the department of labor, which attests to the licensed
    45  home  care  services agency's or other third party's compliance with the
    46  terms of this section.  Such  certifications  shall  also  obligate  the
    47  certified  home  health  agency,  long term home health care program, or
    48  managed care plan to obtain, on no less  than  a  quarterly  basis,  all
    49  information  from  the licensed home care services agency or other third
    50  parties necessary to verify compliance with the terms of  this  section.
    51  Such certifications and the information exchanged pursuant to them shall
    52  be retained by all certified home health agencies, long term home health
    53  care  programs,  or  managed  care  plans,  and  all  licensed home care
    54  services agencies, or other third parties for a period of no  less  than
    55  ten years, and made available to the department upon request.

        A. 7257--B                          7
 
     1    [8.] 7. The commissioner shall distribute to all certified home health
     2  agencies,  long  term  home health care programs, and managed care plans
     3  official notice of the minimum rates of home care aide  compensation  at
     4  least  one hundred twenty days prior to the effective date of each mini-
     5  mum  rate for each social services district covered by the terms of this
     6  section.
     7    [9.] 8. The commissioner is authorized to promulgate regulations,  and
     8  may  promulgate  emergency  regulations,  to implement the provisions of
     9  this section.
    10    [10.] 9. Nothing in this section should be construed as applicable  to
    11  any  service  provided by certified home health agencies, long term home
    12  health care programs, or managed care plans except for all  episodes  of
    13  care reimbursed in whole or in part by the New York Medicaid program.
    14    [11.]  10.  No certified home health agency, managed care plan or long
    15  term home health care program shall be liable for recoupment of payments
    16  for services provided through a licensed home care  services  agency  or
    17  other third party with which the certified home health agency, long term
    18  home  health  care  program, or managed care plan has a contract because
    19  the licensed agency or other third  party  failed  to  comply  with  the
    20  provisions  of  this  section  if the certified home health agency, long
    21  term home health care program, or managed care plan has  reasonably  and
    22  in  good  faith  collected  certifications  and all information required
    23  pursuant to subdivisions [six and seven] five and six of this section.
    24    § 8. Notwithstanding any  inconsistent  provision  or  policy  to  the
    25  contrary,  any increase attributable to the increase in the minimum wage
    26  established pursuant to section 652 of the labor law, shall be  excluded
    27  from  the calculation of any policy of the state spending limitations in
    28  the enacted budget financial plan pursuant to subdivision 3  of  section
    29  23 of the state finance law.
    30    Notwithstanding  any  inconsistent  provision  of  law, any program or
    31  service including not-for-profits funded by New York state  through  the
    32  department of the office of mental health, office for people with devel-
    33  opmental   disabilities,   office  of  alcoholism  and  substance  abuse
    34  services, department of health, office of children and family  services,
    35  office  of  temporary  and disabilities assistance, the state office for
    36  the aging and the department of labor shall be adjusted to  reflect  the
    37  increase  in labor costs related to the minimum wage pursuant to section
    38  652 of the labor law.
    39    § 9. Severability clause. If an amendment  made  by  section  four  or
    40  section five of this act or their application to any person, legal enti-
    41  ty,  or  circumstance  is held invalid by a court of competent jurisdic-
    42  tion, the remainder of this act or the application of such amendment  to
    43  other persons, legal entities or circumstances shall not be effected.
    44    §  10. This act shall take effect immediately; provided, however, that
    45  sections four and five of this act shall first apply to school  district
    46  budgets and the budget adoption process for the 2016 - 2017 school year;
    47  provided,  further,  that  section five of this act shall first apply to
    48  the levy of taxes by local governments for the fiscal year  that  begins
    49  in 2017; provided, further, that the amendments to paragraph a of subdi-
    50  vision  3 of section 2023-a of the education law made by section four of
    51  this act shall not affect the repeal of such section and shall be deemed
    52  repealed therewith; provided, further, that the amendments to  paragraph
    53  (c) of subdivision 3 of section 3-c of the general municipal law made by
    54  section five of this act shall not affect the repeal of such section and
    55  shall be deemed repealed therewith.
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