BILL NUMBER: S674
SPONSOR: MARTINEZ
 
TITLE OF BILL:
An act to amend the public health law, in relation to home care worker
wage parity
 
PURPOSE:
The purpose of this bill is to amend the current home care worker wage
parity law language in order to assist all parties involved in getting
the information needed in the quickest, most effective and most afforda-
ble way possible.
 
SUMMARY OF PROVISIONS:
Section 1: amends subdivisions 5 and 6 of section 3614-c of the public
health law, as amended by section 1 of part 00 of chapter 56 of the laws
of 2020.
Section 2. Establishes the enacting clause.
 
JUSTIFICATION:
This legislation amends the current language of the home care worker
wage parity law to replace the requirement for an "independently-audited
financial statement" with an "independent accountant's report on apply-
ing agreed upon procedures on the annual compliance statement of wage
parity." This change will assist all parties involved in getting the
information needed in the quickest, most effective and most affordable
way possible. The NYS Department of Health (DOH) and NYS Department of
Labor (DOL) need confirmation that the home care agencies required to
pay out wage parity are doing so in accordance with the law. An audited
financial statement would not test these functions nor allow the CPA to
certify that the agencies are compliant. As part of the process, the
Agreed Upon Procedures would be developed by DOH and DOL. Most impor-
tantly, an Agreed Upon Procedures engagement would allow DOH and DOL to
have the CPAs test that the agencies are compliant with the wage parity
law.
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
This act shall take effect immediately.