A06902 Summary:

BILL NOA06902
 
SAME ASSAME AS S01359
 
SPONSORBronson
 
COSPNSR
 
MLTSPNSR
 
 
Directs the commissioner of labor and the commissioner of health to conduct a labor market study of the home care and hospice workforce; and 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.
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A06902 Actions:

BILL NOA06902
 
03/25/2019referred to labor
01/08/2020referred to labor
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A06902 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A6902
 
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 ther- eof   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 retention of 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, and when work in the home care and hospice fields is inherently demanding in unique and extremely chal- lenging 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 awl 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: This is new legislation.   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, 2022.
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A06902 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6902
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                     March 25, 2019
                                       ___________
 
        Introduced  by M. of A. BRONSON -- read once and referred to the Commit-
          tee on Labor
 
        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
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. The commissioner of labor and the  commissioner  of  health
     2  shall  jointly  undertake a market study to examine and make recommenda-
     3  tions  regarding  competitive  labor  market   factors,   reimbursement,
     4  programs and other state policy actions necessary to support recruitment
     5  and  retention  of  the  home care and hospice workforce in the broader,
     6  competitive health labor market.
     7    Such study shall examine differentials in compensation,  benefits  and
     8  other employment factors in home care and hospice in comparison to other
     9  health care and employment markets which compete for the same workforce,
    10  including  but  not limited to hospitals and nursing facilities, and for
    11  comparable disciplines  which  include  direct  care  aides,  registered
    12  professional  nurses,  licensed  practical  nurses, physical therapists,
    13  occupational therapists, speech pathologists,  social  workers,  respir-
    14  atory therapists, audiologists and other health care practitioners which
    15  the  commissioner  of  labor  in  consultation  with the commissioner of
    16  health shall determine.
    17    In conducting such study and preparing  recommendations,  the  commis-
    18  sioners  shall  seek  the input of representatives of the aforementioned
    19  providers and health care personnel, managed care plans, statewide asso-
    20  ciations representative of  providers  and  workforce,  the  center  for
    21  health  workforce  studies  of the state university of New York, and the
    22  New York state area health education centers program.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07008-01-9

        A. 6902                             2
 
     1    On or before November 1, 2019, the commissioner of labor shall  report
     2  jointly  with the commissioner of health to the governor and legislature
     3  on  the  results  of  such  study,  together  with  recommendations  for
     4  reimbursement,  programs  and  policy modifications to support home care
     5  and  hospice  competitive  positions  for recruitment and retention of a
     6  direct care health labor workforce in the broader  health  labor  market
     7  capable of meeting community need.
     8    §  2.  The commissioner of labor, in consultation with the director of
     9  the office for aging and the  commissioners  of  health,  education  and
    10  mental  health,  or  their  agency designees, shall form a task force to
    11  establish and implement a statewide home  care  and  hospice  workforce,
    12  labor development and marketing program to encourage occupational inter-
    13  est  and  participation  in these essential fields to meet the community
    14  need for these vital services.
    15    The task force shall examine the spectrum  of  possible  entry  points
    16  into  the  home  care  and  hospice fields, including but not limited to
    17  entry points in secondary schools, occupational  schools  and  programs,
    18  community  colleges,  four  year colleges and universities, professional
    19  schools of nursing, social work and other health care  disciplines,  and
    20  retiree venues.
    21    The  task  force  shall  develop  and  implement,  with jurisdictional
    22  contributions from each state agency member, a comprehensive  plan  that
    23  provides  information  about  entry,  practice,  career development, and
    24  occupational need and value in home care and hospice.   Such plan  shall
    25  also  assist educational settings and providers with informational mate-
    26  rials and resources to further this goal, including but not limited  to:
    27  written  and  multimedia  material,  web based resources, public service
    28  announcements, home care/hospice emphasis at local job fairs,  billboard
    29  and  other  community advertisement, engagement of area health education
    30  centers, support  for  provider  recruitment  and  training,  state  and
    31  regional conferencing, and other means.
    32    The  task  force  shall be co-chaired by the commissioner of labor and
    33  the director of the state office for aging, or their  agency  designees.
    34  The  task  force  shall convene not later than sixty days after this act
    35  shall have become law, and shall meet no less frequently than bi-monthly
    36  for the first year. The task force shall submit an interim report to the
    37  governor and legislature on its activities and recommendations not later
    38  than six months after it convenes. In conducting  the  task  force,  the
    39  co-chairs shall seek the input of representatives of home care, hospice,
    40  managed  care  plans,  area  health  education  centers, and direct care
    41  disciplines.
    42    § 3. This act shall take effect immediately, provided that section two
    43  of this act shall expire and be deemed repealed on and after January 31,
    44  2022.
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