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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6902
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-
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.
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-
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
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.
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.
Immediately, provided that the task force provisions of the bill shall
expire on and after January 31, 2022.
STATE OF NEW YORK
2019-2020 Regular Sessions
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.
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
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,