S T A T E   O F   N E W   Y O R K
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                                  3901

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 28, 2015
                               ___________

Introduced by M. of A. WRIGHT -- read once and referred to the Committee
  on Children and Families

AN  ACT  to  amend the social services law and the public health law, in
  relation to the medical evaluation of children placed in foster care

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. The social services law is amended by adding a new section
383-d to read as follows:
  S 383-D. HOME CARE EVALUATIONS FOR FOSTER CARE CHILDREN. 1.  UPON  THE
COMPLETION  OF A COMPREHENSIVE MEDICAL EXAMINATION OF THE CHILD, OR UPON
A WAIVER OF SUCH EXAMINATION BY THE LOCAL SOCIAL SERVICES DISTRICT,  THE
FOSTER  CARE  WORKER  ASSIGNED TO THE CHILD SHALL ASSIST THE FOSTER CARE
PARENT IN ACQUIRING ANY SERVICES  DEEMED  MEDICALLY  NECESSARY  FOR  THE
CHILD.
  2.  THE FOSTER PARENT MUST CONTINUE TO ALLOW FOR THE PROVISION OF SUCH
SERVICES FOR THE FOSTER CARE CHILD UNTIL SUCH  TIME  AS  THE  AUTHORIZED
AGENCY,  EXAMINING  PHYSICIAN, CERTIFIED HOME HEALTH AGENCY, OR LICENSED
HOME CARE SERVICES AGENCY DETERMINES THAT SUCH SERVICES  ARE  NO  LONGER
NECESSARY.
  S  2.  The public health law is amended by adding a new section 3620-a
to read as follows:
  S 3620-A. HOME CARE SERVICES TO CHILDREN PLACED IN FOSTER CARE. 1. FOR
PURPOSES OF THIS SECTION, THE  TERM  "HOME  HEALTH  CARE  AGENCY"  SHALL
INCLUDE  BOTH  A  CERTIFIED  HOME HEALTH AGENCY AND A LICENSED HOME CARE
SERVICES AGENCY.
  2. WHENEVER A HOME HEALTH CARE AGENCY  PERFORMS  AN  ASSESSMENT  OF  A
CHILD  TO  BE  PLACED  IN FOSTER CARE, THE AGENCY MUST PROVIDE A COPY OF
SUCH ASSESSMENT TO THE REFERRING PHYSICIAN, THE AUTHORIZED  FOSTER  CARE
AGENCY, AND THE FOSTER PARENT.
  3. WHENEVER A HOME HEALTH CARE AGENCY PROVIDES SERVICES TO A CHILD WHO
IS  IN  FOSTER  CARE,  SUCH  AGENCY MUST PROVIDE A MONTHLY REPORT ON THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05320-01-5
              

A. 3901                             2

PROGRESS AND DIAGNOSIS OF THE CHILD. SUCH REPORT SHALL  BE  PROVIDED  TO
THE  REFERRING  PHYSICIAN,  THE  AUTHORIZED  FOSTER CARE AGENCY, AND THE
FOSTER PARENT.
  4.  PRIOR  TO  DISCONTINUING ANY SERVICES, THE HOME HEALTH CARE AGENCY
MUST INFORM THE FOSTER CHILD'S PHYSICIAN, THE FOSTER  CARE  WORKER,  AND
THE FOSTER PARENT OF SUCH CHANGE AND THE REASON FOR THE CHANGE.
  S 3. This act shall take effect immediately.