New York A 1112: Establishes regional minimum hourly base reimbursement rates for home care aides

Bill Text

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A01112 Summary:

BILL NOA01112 

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SAME ASSAME AS S03599

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SPONSORPaulin

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COSPNSRReyes, Weprin, Rosenthal, Shrestha, Dinowitz, Epstein, Hevesi, Simon, Steck, Zinerman,
 Gonzalez-Rojas, Kelles, Sayegh, Colton, Simone, Santabarbara, Raga, Stirpe, Brabenec, Levenberg,
 Brook-Krasny, Lucas, Jones, Burdick, Kim, Griffin

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MLTSPNSR

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Amd §3614-f, Pub Health L

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Requires the commissioner of health to establish regional minimum hourly base reimbursement rates for home care aides.

Go to top A01112 Actions:

BILL NOA01112 

&nbsp

01/09/2025referred to health

01/07/2026referred to health

Go to topA01112 Committee&nbspVotes:

Go to topA01112 Floor&nbspVotes:

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

Go to topA01112 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 1112

 2025-2026 Regular Sessions

 IN ASSEMBLY

 January 9, 2025
 ___________

 Introduced by M. of A. PAULIN, REYES, WEPRIN, ROSENTHAL, SHRESTHA,
 DINOWITZ, EPSTEIN, HEVESI, SIMON, STECK, ZINERMAN, GONZALEZ-ROJAS,
 KELLES, SAYEGH, COLTON, SIMONE, SANTABARBARA, RAGA, STIRPE, BRABENEC,
 LEVENBERG, BROOK-KRASNY, LUCAS, JONES -- read once and referred to the
 Committee on Health

 AN ACT to amend the public health law, in relation to regional minimum
 hourly base reimbursement rates for home care aides

 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 eight new subdivisions 5, 6, 7, 8, 9, 10, 11 and 12 to read as
 3 follows:
 4 5. (a) By the first of October next succeeding the effective date of
 5 this subdivision, the commissioner shall establish a regional minimum
 6 hourly base reimbursement rate for all providers employing workers
 7 subject to the minimum wage provisions established in subdivision two of
 8 this section. The regional minimum hourly base reimbursement rate
 9 shall be based on regions established by the commissioner, provided that
 10 for areas subject to section thirty-six hundred fourteen-c of this arti-
 11 cle, each area with a different prevailing rate of total compensation,
 12 as defined in that section, shall be its own region.
 13 (b) For the purposes of this section, "regional minimum hourly base
 14 reimbursement rate" means a reimbursement rate that reflects:
 15 (1) a direct care related payment which shall reflect the total direct
 16 care related costs for home care aides and other direct care related
 17 staff necessary to comply with federal and state statutory and regulato-
 18 ry requirements for such providers, and which shall include:
 19 A. base hourly wage guaranteed home care aides pursuant to subdivi-
 20 sion two of this section;
 21 B. overtime costs;

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD03863-01-5

 A. 1112 2

 1 C. employee benefits, including both paid time off and supplemental
 2 benefits or benefits as determined by collective bargaining agreements;
 3 D. federal insurance contributions act;
 4 E. Medicare;
 5 F. federal unemployment tax act;
 6 G. worker wage parity as provided by section thirty-six hundred four-
 7 teen-c of this article, as applicable;
 8 H. other payroll taxes;
 9 I. fair labor standards act compliance;
 10 J. New York state labor law compliance;
 11 K. COVID-19 sick pay;
 12 L. state unemployment insurance;
 13 M. disability insurance;
 14 N. workers' compensation;
 15 O. travel time and travel reimbursement;
 16 P. the metropolitan transportation authority tax; and
 17 Q. related increases tied to base wages;
 18 (2) a component to reflect operational expenses necessary to comply
 19 with federal and state statutory and regulatory requirements for such
 20 providers, and which shall include:
 21 A. operational supervision and support, including but not limited to
 22 nursing staff, home health aide supervision and team support; and
 23 B. other operational support, including but not limited to quality
 24 assurance and improvement programs, education and recruitment; and
 25 (3) a component to reflect administrative and general operating
 26 expenses which shall include rent and facilities management and business
 27 support,