New York A 9607: Relates to contracts and dispute resolution process for billing under contracts for home care services with managed care plans

Bill Text

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A09607 Summary:

BILL NOA09607 

&nbsp

SAME ASSAME AS S09562

&nbsp

SPONSORPaulin

&nbsp

COSPNSRSteck

&nbsp

MLTSPNSR

&nbsp

Amd §3614-f, Pub Health L

&nbsp

Requires review and approval by the commissioner of health of contracts for home care services provided to a licensed home care services agency from a managed care organization or a managed long term care plan; directs the commissioner of health to establish a dispute resolution process independent dispute resolution relating to billing under a contract for home care services.

Go to top A09607 Actions:

BILL NOA09607 

&nbsp

01/21/2026referred to health

Go to topA09607 Committee&nbspVotes:

Go to topA09607 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA09607 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 9607

 IN ASSEMBLY

 January 21, 2026
 ___________

 Introduced by M. of A. PAULIN -- read once and referred to the Committee
 on Health

 AN ACT to amend the public health law, in relation to minimum wage
 increases for home care aides and independent dispute resolution for
 disputing billing or contracts

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Section 3614-f of the public health law is amended by
 2 adding seven new subdivisions 5, 6, 7, 8, 9, 10 and 11 to read as
 3 follows:
 4 5. The commissioner shall require for review and approval contracts
 5 for home care services provided to a licensed home care services agency
 6 from a managed care organization or a managed long term care plan at
 7 least three months prior to any modification to contract related to
 8 billing, rates or services, the expiration of any contract, contract
 9 amendment, modification of any contract, or related to an increase in
 10 the minimum wage requirements established in subdivision two of this
 11 section or any wage or benefit provisions of the labor law.
 12 6. The commissioner shall establish a dispute resolution process by
 13 which a dispute for a bill or contract for home care services provided
 14 by a licensed home care services agency with a managed care organization
 15 or a managed long term care plan may be resolved. The commissioner shall
 16 have the power to grant and revoke certifications of independent dispute
 17 resolution entities to conduct the dispute resolution process. The
 18 commissioner shall promulgate regulations establishing standards for the
 19 dispute resolution process, including a process for certifying and
 20 selecting independent dispute resolution entities. Disputes shall be
 21 submitted to an independent dispute resolution entity within ninety days
 22 of the date the managed care plan or managed long term care plan
 23 proposed billing or contractual amendments to a licensed home care
 24 services agency.
 25 7. In determining the appropriate amount to pay under a contract for
 26 home care services, an independent dispute resolution entity shall
 27 consider all relevant factors including, but not limited to:

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD14412-02-6

 A. 9607 2

 1 (a) a direct care related payment which shall reflect the total direct
 2 care related costs for home care aides and other direct care related
 3 staff necessary to comply with federal and state statutory and regulato-
 4 ry requirements for such providers, and which shall include:
 5 (i) base hourly wage guaranteed home care aides pursuant to subdivi-
 6 sion two of this section or any wage or benefit provisions of the labor
 7 law;
 8 (ii) overtime costs;
 9 (iii) employee benefits, including both paid time off and supplemental
 10 benefits or benefits as determined by collective bargaining agreements;
 11 (iv) federal insurance contributions act;
 12 (v) Medicare;
 13 (vi) federal unemployment tax act;
 14 (vii) worker wage parity as provided by section thirty-six hundred
 15 fourteen-c of this article, as applicable;
 16 (viii) other payroll taxes;
 17 (ix) fair labor standards act compliance;
 18 (x) New York state labor law compliance;
 19 (xi) state unemployment insurance;
 20 (xii) disability insurance;
 21 (xiii) workers' compensation;
 22 (xiv) travel