New York S 3599: Establishes regional minimum hourly base reimbursement rates for home care aides

Bill Text

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S03599 Summary:

BILL NOS03599 

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SAME ASSAME AS A01112

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SPONSORRIVERA

&nbsp

COSPNSRMAY, CLEARE, COMRIE, GALLIVAN, GONZALEZ, MAYER, PARKER, RYAN C, SALAZAR, SKOUFIS, WEBB

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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 S03599 Actions:

BILL NOS03599 

&nbsp

01/28/2025REFERRED TO HEALTH

01/07/2026REFERRED TO HEALTH

Go to topS03599 Committee&nbspVotes:

Go to topS03599 Floor&nbspVotes:

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

Go to topS03599 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 3599

 2025-2026 Regular Sessions

 IN SENATE

 January 28, 2025
 ___________

 Introduced by Sens. RIVERA, MAY, CLEARE, COMRIE, GONZALEZ, MAYER, PARK-
 ER, SALAZAR, SKOUFIS, WEBB -- read twice and ordered printed, and when
 printed to be committed 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;
 22 C. employee benefits, including both paid time off and supplemental
 23 benefits or benefits as determined by collective bargaining agreements;
 24 D. federal insurance contributions act;
 25 E. Medicare;
 26 F. federal unemployment tax act;

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

 S. 3599 2

 1 G. worker wage parity as provided by section thirty-six hundred four-
 2 teen-c of this article, as applicable;
 3 H. other payroll taxes;
 4 I. fair labor standards act compliance;
 5 J. New York state labor law compliance;
 6 K. COVID-19 sick pay;
 7 L. state unemployment insurance;
 8 M. disability insurance;
 9 N. workers' compensation;
 10 O. travel time and travel reimbursement;
 11 P. the metropolitan transportation authority tax; and
 12 Q. related increases tied to base wages;
 13 (2) a component to reflect operational expenses necessary to comply
 14 with federal and state statutory and regulatory requirements for such
 15 providers, and which shall include:
 16 A. operational supervision and support, including but not limited to
 17 nursing staff, home health aide supervision and team support; and
 18 B. other operational support, including but not limited to quality
 19 assurance and improvement programs, education and recruitment; and
 20 (3) a component to reflect administrative and general operating
 21 expenses which shall include rent and facilities management and business
 22 support, including but not limited to information technology, human
 23 resources, legal, compliance, finance, management, margin and communi-
 24 cations.
 25 (c) The regional minimum hourly base rate cannot be less than the most
 26 current average fee for ser