Provides homemaker services may be provided by private home aides

BILL NUMBER:S2098

Title of bill

An act to amend the public health law, the insurance law and the social services law, in relation to the provision of homemaker services

Purpose

This bill provides that homemaker services may be provided by private home aides.

Summary of provisions

Section 1 amends subdivision 4 of section 3602 of the public health law. It permits homemaker services to be provided by a private home health aide as long as the aide has met the standards of the department of family assistance. The services must also be reimbursable through the NYS Partnership for Long Term Care.

Section 2 amends subparagraph (A) of paragraph 6 of subsection (i) of section 3216 of the insurance law. Home care services may be provided by a private aide as long as the aide is certified and prescribed by a physician. This section establishes the parameters of "homemaker services." A private home aide shall meet the standards provided by the department of family assistance. These services shall he reimbursable through the NYS Partnership for Long Term Care.

Section 3 amends subparagraph (D) of paragraph 1 of subsection (k) of section 3221 of the insurance law. These provisions are the same as section 2.

Section 4 amends subparagraphs (B) and (C) of paragraph 3 of subsection (a) of section 4303 of the insurance law to make the provisions consistent with bill sections 2 & 3.

Section 5 amends paragraph (b) of subdivision 1 of section 367- f of the social services law to make provisions consistent with the amendments to the insurance law, as outline in bill sections 2, 3, & 4.

Section 6 directs the department of insurance to compare expenditures and utilization patterns for claims for home care services covered by individual and group accident and health insurance.

Section 7 enacts this legislation on the 120th day after it shall become law.

Existing law

Section 460.1 defines "homemaker services" as a specialized service which complements casework service of an agency. It is provided upon the recommendation of a physician to provide services in a person's home for the purposes of maintaining normal household operations or during periods of special circumstances. These services include household tasks such as marketing/shopping, preparation and serving of meals, cleaning, light laundry, ironing, and mending. Personal services include assistance with bathing, care of small children or elderly or disabled adults, payment of bills, errands, and accompaniment to a doctor's appointment or clinic.

Justification

This bill allows individuals to hire a private aide to perform homemaker services and still be reimbursed through the NYS Partnership for Long Term Care. Current law stipulates that homemaker services must be provided through a certified employment agency. Under the provisions of this legislation, the aide must still conform to the certifications outlined by the appropriate departments and the services must still be prescribed by a physician. Private certified aides can already be hired by persons in need, but the services are not reimbursable through the Partnership for Long Term Care. These provisions remedy this situation, allowing aides to be hired privately and, perhaps, at a lesser rate than that charged by employment agencies.

With much of our state's elderly population relegated to fixed incomes, every penny saved is important.

Legislative history

New bill.

Effective date

This act shall take effect on the 120th day after it shall become law.