What's happening
This bill requires hospice programs providing care in a patient's home to comply with the home care services worker registry.
Why it matters
Expands Oversight for Hospice Workers. By requiring hospice programs delivering care in a patient’s home to register with the home care services worker registry, the bill increases regulatory oversight and transparency for hospice staff, potentially improving patient safety and care quality.
Closes a Regulatory Gap. Previously, hospice programs providing home-based care were not subject to the registry requirements, meaning their employees did not undergo the same background checks and monitoring as other home care workers; this bill addresses that gap.
Affects Hiring and Monitoring Practices. Hospice providers will need to adjust their hiring and employee monitoring processes to comply with registry requirements, including criminal history checks and direct observation protocols, which could impact operational procedures and costs.
Could Improve Public Trust. By holding hospice programs to the same standards as other home care agencies, the bill may increase accountability and public confidence in the safety and reliability of in-home hospice care.
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Who cares
Headline styles
Require Hospice Worker Registry
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Substituted by A7846
- Advanced to third reading
- 2nd report cal.
- 1st report cal.1163
- Referred to health
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Register Hospice Home Care Workers
Signed by Governor · Sponsor Richard Gottfried
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
6347
2017-2018 Regular Sessions
IN SENATE
May 11, 2017
Introduced by Sen. HANNON -- read twice and ordered printed, and when printed to be committed to the Committee on Health
AN ACT to amend the public health law, in relation to requiring that a hospice program providing hospice care in a patient's home shall comply with the home care services worker registry
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Paragraph (a) of subdivision 1 of section 3613 of the public health law, as amended by chapter 471 of the laws of 2016, is amended to read as follows:
(a) "Home care services entity" means a home care services agency or other entity providing home care services subject to this article or exempt under section thirty-six hundred nineteen of this article, [a hospice program certified pursuant to article forty of this chapter providing routine care at home under the hospice benefit,] or an enhanced assisted living residence licensed under article seven of the social services law and certified under article forty-six-B of this chapter providing enhanced assisted living services. A hospice program under article forty of this chapter providing hospice care in a patient's home shall be considered a home care services entity only for the purpose of compliance with the home care services worker registry.
§ 2. The public health law is amended by adding a new section 4013-b to read as follows:
§ 4013-b. Home care services worker registry. A hospice program providing hospice care in a patient's home shall comply with the home care services worker registry under section thirty-six hundred thirteen of this chapter.
§ 3. Subdivision 10 of section 2899-a of the public health law, as amended by chapter 94 of the laws of 2014, is amended to read as follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11454-01-7
S. 6347 2
10. Notwithstanding subdivision eleven of section eight hundred forty-five-b of the executive law, a certified home health agency, licensed home care services agency or long term home health care program certified, licensed or approved under article thirty-six of this chapter or a home care services agency exempt from certification or licensure under article thirty-six of this chapter, a hospice program under article forty of this chapter, or an adult home, enriched housing program or residence for adults licensed under article seven of the social services law, may temporarily approve a prospective employee while the results of the criminal history information check and the determination are pending, upon the condition that the provider conducts appropriate direct observation and evaluation of the temporary employee, while he or she is temporarily employed, and the care recipient. The results of such observations shall be documented in the temporary employee's personnel file and shall be maintained. For purposes of providing such appropriate direct observation and evaluation, the provider shall utilize an individual employed by such provider with a minimum of one year's experience working in an agency certified, licensed or approved under article thirty-six of this chapter or an adult home, enriched housing program or residence for adults licensed under article seven of the social services law. If the temporary employee is working under contract with another provider certified, licensed or approved under article thirty-six of this chapter, such contract provider's appropriate direct observation and evaluation of the temporary employee, shall be considered sufficient for the purposes of complying with this subdivision.
§ 4. This act shall take effect immediately; provided that the amendments to paragraph (a) of subdivision 1 of section 3613 of the public health law made by section one of this act shall be subject to the expiration and reversion of such paragraph and shall expire and be deemed repealed therewith.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the public health law, in relation to requiring that a hospice program providing hospice care in a patient's home shall comply with the home care services worker registry
Purpose
To clarify that hospice programs subject to the home care services worker registry may provisionally employ staff while awaiting the results of the criminal background check, similar to home care service agencies.
Summary provisions
The bill makes a technical correction to Public Health Law § 3613, and a conforming amendment to PHL Article 40, to clarify that hospice programs under PHL Article 40, shall comply with Article 36 only for the purposes of participating in the home care worker registry criminal background checks.
The bill amends PHL § 2899-a to add hospice to the list of providers who may offer provisional employment while a criminal background check is pending, requiring direct observation and evaluation of the temporary employee.
Justification
Hospice programs under PHL Article 40 are required to perform criminal background checks of their employees in compliance with the home care services worker registry. However, unlike other health care providers who work in patients' homes, hospice is not allowed to provisionally employ a worker while the background check is pending, which is causing unnecessary delays in delivering this vital service at the end of life when time is truly of the essence.
Legislative history
New bill.
Fiscal implications
None.
Effective date
Immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.