New York A 8999: Relates to wage parity compensation for home care workers

Status: REFERRED TO HEALTH (as of 2026-01-07)

State: New York · Session: 2025-2026 · Bill: A 8999

Sponsors: Yudelka Tapia

Bill Text

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A08999 Summary:

BILL NOA08999 

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SAME ASNo Same As

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SPONSORTapia

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COSPNSR

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MLTSPNSR

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Amd §3614-c, Pub Health L

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Relates to wage parity compensation for home care workers and establishes certain requirements for supplemental benefit decisions.

Go to top A08999 Actions:

BILL NOA08999 

&nbsp

08/13/2025referred to health

01/07/2026referred to health

Go to topA08999 Committee&nbspVotes:

Go to topA08999 Floor&nbspVotes:

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

Go to topA08999 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 8999

 2025-2026 Regular Sessions

 IN ASSEMBLY

 August 13, 2025
 ___________

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

 AN ACT to amend the public health law, in relation to wage parity
 compensation and prohibiting the substitution of mandatory benefits

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

 1 Section 1. Section 3614-c of the public health law is amended by
 2 adding a new subdivision 7-b to read as follows:
 3 7-b. (a) Notwithstanding any other provision of law or regulation, any
 4 compensation paid pursuant to this section to satisfy wage parity
 5 requirements shall be paid directly to the employee in the form of cash
 6 wages unless the employee affirmatively elects, in writing, to receive
 7 part or all of such compensation in the form of supplemental benefits.
 8 (b) No covered entity, including but not limited to a fiscal interme-
 9 diary, contractor, or subcontractor under the consumer directed personal
 10 assistance program (CDPAP) established pursuant to section three hundred
 11 sixty-five-f of the social services law, shall substitute supplemental
 12 benefits, including health insurance or debit card arrangements, for
 13 wage parity compensation unless:
 14 (i) the employee voluntarily and affirmatively opts in to such benefit
 15 or benefits in writing;
 16 (ii) the employee is provided a plain-language notice in such employ-
 17 ee's primary language describing:
 18 (1) the exact monetary value of each benefit;
 19 (2) the scope and limitations of such benefits;
 20 (3) the right to receive the entire amount as cash instead;
 21 (4) the procedures for opting in or out at any time; and
 22 (iii) the employee retains the right to opt out of any such benefit
 23 and revert to cash compensation at any time upon reasonable written
 24 notice.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD13535-02-5

 A. 8999 2

 1 (c) No employee shall be automatically enrolled or required to remain
 2 enrolled in any non-cash benefit plan as a condition of employment or
 3 participation in the CDPAP established pursuant to section three hundred
 4 sixty-five-f of the social services law or any other home care program
 5 subject to this section.
 6 (d) Any deduction from wages for the purpose of funding benefit plans
 7 or other non-cash compensation, without the employee's explicit written
 8 and revocable consent, shall constitute an unlawful wage deduction under
 9 article six of the labor law.
 10 (e) The office of the attorney general shall have the authority to
 11 investigate and enforce the provisions of this subdivision, and may
 12 impose additional civil penalties as deemed appropriate.
 13 (f) The department of health and department of labor shall jointly
 14 promulgate regulations to enforce this subdivision, ensure compliance,
 15 and implement employee reporting, audit, and corrective mechanisms.
 16 § 2. Severability. If any clause, sentence, paragraph, subdivision,
 17 section or part of this act shall be adjudged by any court of competent
 18 jurisdiction to be invalid, such judgment shall not affect, impair, or
 19 invalidate the remainder thereof, but shall be confined in its operation
 20 to the clause, sentence, paragraph, subdivision, section or part thereof
 21 directly involved in the controversy in which such judgment shall have
 22 been rendered. It is hereby declared to be the intent of the legislature
 23 that this act would have been enacted even if such invalid provisions
 24 had not been included herein.
 25 § 3. This act 

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