NY State Senate Bill 2021-S5374A

Archive: Last Bill Status - In Senate Committee Finance Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 01, 2022	reported and committed to finance
Jan 05, 2022	referred to health
Jan 04, 2022	print number 5374a
Jan 04, 2022	amend (t) and recommit to health
Mar 03, 2021	referred to health

Votes

- Feb 1, 2022 - Health Committee Vote
  S5374A
  
  10
  
  Aye
  
  0
  
  Nay
  
  5
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Health Committee Vote: Feb 1, 2022
      
      aye (10)
      
      Biaggi
      
      Brouk
      
      Cleare
      
      Hoylman-Sigal
      
      Kaminsky
      
      May
      
      Rivera
      
      Ryan
      
      Salazar
      
      Thomas
      
      aye wr (5)
      
      Boyle
      
      Gallivan
      
      Oberacker
      
      Rath III
      
      Stec

Bill Amendments

Original

A (Active)

co-Sponsors

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2021-S5374 - Details

See Assembly Version of this Bill:: A6329
Current Committee:: Senate Finance
Law Section:: Public Health Law
Laws Affected:: Add §3614-f, amd §§3614-d & 3614-c, Pub Health L; add §91-h, St Fin L; amd Part H §92, Chap 59 of 2011

2021-S5374 - Summary

Enacts provisions to provide minimum wages for home care aides; requires at least 150% of minimum wage or other set minimum; directs the commissioner of health to set regional minimum rates of reimbursement for home care aides under medicaid and managed care plans.

2021-S5374 - Sponsor Memo

                                
 
BILL NUMBER: S5374

SPONSOR: MAY
 
TITLE OF BILL:

An act to amend the public health law, the social services law, the
state finance law and part H of chapter 59 of the laws of 2011, amending
the public health law and other laws relating to known and projected
department of health state fund Medicaid expenditures, in relation to
fair pay for home care aides

 
PURPOSE OR GENERAL IDEA OF BILL:

to establish a base wage for home care workers at 150% of the regional
minimum wage (whether set by statute or under a wage order).

 
SUMMARY OF SPECIFIC PROVISIONS:

Adds new Public Health Law § 3614-f to require that home care aides be
paid a minimum of 150% of the regional minimum wage or wage order
governing a particular sector, whichever is higher, and makes additional

conforming amendments. The determination of regional differences will be
determined by the Department of Health using currently required cost
reports and updated yearly. The bill establishes the Fair Pay for Home
Care Fund which will pool revenue from the federal community first
choice enhanced rate, Medicaid savings from the decertification of nurs-
ing home beds, unspent capital project moneys, and possible grant or
gift awards, to subsidize Medicaid payment rates when necessary.

The bill would require that review of certificate of need applications
for new nursing home capacity consider a region's need and capacity to
deliver long term care services in the home compared to an institution.
Managed long term care plans would face greater transparency as to pass-
through of funds intended for home care aide wages to be paid through
licensed home care services agencies and fiscal intermediaries.

 
JUSTIFICATION:

New York has a larger need for home care than ever before and is at the
center of a national home care workforce crisis.  Individuals are going
without services or becoming institutionalized, because there are not
enough home care workers. Over the next ten years, the Public Health
Institute estimates that home care, including consumer directed personal
assistance, should add more new jobs than any other occupation in the
State. The consulting firm Mercer estimates that despite this rapid
growth potential, the state will face a shortage of at least 80,000 home
care workers by 2025.  The primary reason is that home care aids are
among the lowest paid workers in the state, averaging just $22,000 annu-
al earnings. Fifty seven percent of home care workers rely on public
benefits to care for their own families.

Fair Pay for Home Care will respond to this crisis by providing a
respectful wage to these workers. A recent study by the CUNY School of
Labor and Urban Studies and funded by the NYS Office for the Aging found
that if wages were increased at this scale, and funded appropriately,
the home care workforce shortage could be solved in less than five
years.


The study said the proposal would create almost 18,000 new jobs in local
economies through increased spending capacity of these home care work-
ers. The state would see increased sales and income tax collections and
savings from public benefits totaling $7.6 billion, putting it on track
to be one of the most successful economic development programs in the
state's history.

 
PRIOR LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS:

to be determined

 
EFFECTIVE DATE:
Immediately

2021-S5374 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5374
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               March 3, 2021
                                ___________
 
 Introduced  by  Sen.  MAY  --  read  twice and ordered printed, and when
   printed to be committed to the Committee on Health
 
 AN ACT to amend the public health law,  the  social  services  law,  the
   state finance law and part H of chapter 59 of the laws of 2011, amend-
   ing  the  public  health  law  and  other  laws  relating to known and
   projected department of health state fund  Medicaid  expenditures,  in
   relation to fair pay for home care aides
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The public health law is amended by adding  a  new  section
 3614-f to read as follows:
   §  3614-F. FAIR PAY FOR HOME CARE. 1. FOR THE PURPOSE OF THIS SECTION,
 "HOME CARE AIDE" SHALL HAVE THE SAME MEANING DEFINED IN SECTION  THIRTY-
 SIX HUNDRED FOURTEEN-C OF THIS ARTICLE.
   2.  THE  MINIMUM  WAGE  FOR A HOME CARE AIDE SHALL BE NO LESS THAN ONE
 HUNDRED AND FIFTY PERCENT OF THE HIGHER OF: (A) THE OTHERWISE APPLICABLE
 MINIMUM WAGE UNDER SECTION SIX HUNDRED FIFTY-TWO OF THE  LABOR  LAW,  OR
 (B)  ANY  OTHERWISE APPLICABLE WAGE RULE OR ORDER UNDER ARTICLE NINETEEN
 OF THE LABOR LAW.
   3. WHERE ANY HOME CARE  AIDE  IS  PAID  LESS  THAN  REQUIRED  BY  THIS
 SECTION,  THE  HOME  CARE  AIDE,  OR THE COMMISSIONER OF LABOR ACTING ON
 BEHALF OF THE HOME CARE AIDE, MAY BRING AN ACTION UNDER ARTICLE  SIX  OR
 NINETEEN OF THE LABOR LAW.
   §  2.  Paragraph (c) of subdivision 4-a of section 365-f of the social
 services law is amended by adding a new  subparagraph  (v)  to  read  as
 follows:
   (V)  (A)  THE  DEPARTMENT  SHALL ANALYZE THE CERTIFIED COST REPORTS OF
 EACH FISCAL INTERMEDIARY, GROUPED BY REGIONS, TO  ESTABLISH  A  REGIONAL
 MINIMUM  RATE  OF  REIMBURSEMENT  FOR  EACH REGION. THE REGIONS SHALL BE
 ESTABLISHED BY THE COMMISSIONER, PROVIDED  THAT  FOR  AREAS  SUBJECT  TO
 SECTION  THIRTY-SIX  HUNDRED  FOURTEEN-C  OF THE PUBLIC HEALTH LAW, EACH
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD10145-01-1

 S. 5374                             2
 
 AREA WITH A DIFFERENT PREVAILING RATE OF TOTAL COMPENSATION, AS  DEFINED
 IN THAT SECTION, SHALL BE ITS OWN REGION.
   (B)  FOR  THE  PURPOSES  OF  THIS  SECTION,  "REGIONAL MINIMUM RATE OF
 REIMBURSEMENT"  MEANS  A  REIMBURSEMENT  RATE  REFLECTING  THE   AVERAGE
 COMBINED  COSTS ASSOCIATED WITH THE PROVISION OF DIRECT SERVICE, REASON-
 ABLE ADMINISTRATIVE COSTS AS DEFINED BY THE COMMISSIONER, ALLOWANCES FOR
 CAPITAL COSTS, THE DEVELOPMENT OF PROFIT OR RESERVES AS ALLOWABLE BY LAW
 OR REGULATIONS OF THE  COMMISSIONER,  AND  ANY  ADDITIONAL  SUPPLEMENTAL
 PAYMENTS.  THE REGIONAL MINIMUM RATE OF REIMBURSEMENT SHALL BE THE MINI-
 MUM REIMBURSEMENT RATE  FOR  FISCAL  INTERMEDIARIES  PROVIDING  SERVICES
 UNDER THIS SECTION AND SHALL BE THE MINIMUM ALLOWABLE REIMBURSEMENT THAT
 MAY BE DEEMED ADEQUATE FROM A MANAGED CARE PROVIDER, UNDER SECTION THREE
 HUNDRED  SIXTY-FOUR-J  OF THIS CHAPTER OR A MANAGED LONG-TERM CARE PLAN,
 UNDER SECTION FORTY-FOUR HUNDRED THREE-F OF THE PUBLIC HEALTH LAW.
   (C) IN THE FIRST TWO YEARS AFTER AN INCREASE IN THE MINIMUM  WAGE  HAS
 BEEN  ESTABLISHED,  ANALYSIS FOR THE REGIONAL MINIMUM RATE OF REIMBURSE-
 MENT SHALL FACTOR IN COSTS THAT WERE NOT CAPTURED IN COST  REPORTS  THAT
 RESULT  FROM  (A)  THAT  INCREASE;  AND  (B)  WAGE COMPRESSION FROM THAT
 INCREASE.
   (D) THE REGIONAL MINIMUM RATE OF REIMBURSEMENT SHALL BE MODIFIED ANNU-
 ALLY, BASED ON COST REPORTS SUBMITTED FOR  THE  PRIOR  FISCAL  YEAR,  AS
 MODIFIED  UNDER THIS PARAGRAPH. IF THE MINIMUM RATE OF REIMBURSEMENT HAS
 NOT BEEN CALCULATED PRIOR TO THE START OF THE FISCAL YEAR, THE  PREVIOUS
 YEAR'S  RATE  SHALL  REMAIN  IN  PLACE UNTIL THE NEW RATE IS CALCULATED,
 PROVIDED THAT RETROACTIVE ADJUSTMENTS SHALL BE MADE TO THE BEGINNING  OF
 THE FISCAL YEAR.
   § 3. Subdivision 8 of section 3612 of the public health law is amended
 by adding a new paragraph (e) to read as follows:
   (E)(I) THE DEPARTMENT SHALL ANALYZE THE CERTIFIED COST REPORTS OF EACH
 LICENSED  HOME  CARE SERVICES AGENCY, GROUPED BY REGIONS, TO ESTABLISH A
 REGIONAL MINIMUM RATE OF REIMBURSEMENT  FOR  EACH  REGION.  THE  REGIONS
 SHALL  BE  ESTABLISHED  BY  THE  COMMISSIONER,  PROVIDED  THAT FOR AREAS
 SUBJECT TO SECTION THIRTY-SIX HUNDRED FOURTEEN-C OF THIS  ARTICLE,  EACH
 AREA  WITH A DIFFERING PREVAILING RATE OF TOTAL COMPENSATION, AS DEFINED
 IN THAT SECTION, SHALL BE ITS OWN REGION.
   (II) FOR THE PURPOSES OF  THIS  SECTION,  "REGIONAL  MINIMUM  RATE  OF
 REIMBURSEMENT"   MEANS  A  REIMBURSEMENT  RATE  REFLECTING  THE  AVERAGE
 COMBINED COSTS ASSOCIATED WITH THE PROVISION OF DIRECT SERVICE,  REASON-
 ABLE ADMINISTRATIVE COSTS AS DEFINED BY THE COMMISSIONER, ALLOWANCES FOR
 CAPITAL COSTS, THE DEVELOPMENT OF PROFIT OR RESERVES AS ALLOWABLE BY LAW
 OR  REGULATIONS  OF  THE  COMMISSIONER,  AND ANY ADDITIONAL SUPPLEMENTAL
 PAYMENTS. THE REGIONAL MINIMUM RATE OF REIMBURSEMENT SHALL BE THE  MINI-
 MUM  REIMBURSEMENT  RATE  FOR  FISCAL  INTERMEDIARIES PROVIDING SERVICES
 UNDER AUTHORIZATION BY A LOCAL DEPARTMENT OF SOCIAL SERVICES  AND  SHALL
 BE  THE MINIMUM ALLOWABLE REIMBURSEMENT THAT MAY BE DEEMED ADEQUATE FROM
 A MANAGED CARE PROVIDER UNDER SECTION THREE HUNDRED SIXTY-FOUR-J OF  THE
 SOCIAL  SERVICES  LAW  OR  A  MANAGED  LONG TERM CARE PLAN UNDER SECTION
 FORTY-FOUR HUNDRED-F OF THIS CHAPTER.
   (III) IN THE FIRST TWO YEARS AFTER AN INCREASE IN THE APPLICABLE MINI-
 MUM WAGE HAS BEEN ESTABLISHED, DETERMINATION  OF  THE  REGIONAL  MINIMUM
 RATE  OF  REIMBURSEMENT  SHALL FACTOR IN COSTS THAT WERE NOT CAPTURED IN
 COST  REPORTS  THAT  RESULT  FROM  (A)  THAT  INCREASE;  AND  (B)   WAGE
 COMPRESSION FROM THAT INCREASE.
   (IV)  THE  REGIONAL  MINIMUM  RATE  OF REIMBURSEMENT SHALL BE MODIFIED
 ANNUALLY, BASED ON COST REPORTS SUBMITTED  THE  PRIOR  FISCAL  YEAR,  AS
 MODIFIED  UNDER THIS PARAGRAPH. IF THE MINIMUM RATE OF REIMBURSEMENT HAS

 S. 5374                             3
 
 NOT BEEN CALCULATED PRIOR TO THE START OF THE FISCAL YEAR, THE  PREVIOUS
 YEAR'S  RATE  SHALL  REMAIN  IN  PLACE UNTIL THE NEW RATE IS CALCULATED,
 PROVIDED THAT RETROACTIVE ADJUSTMENTS SHALL BE MADE TO THE BEGINNING  OF
 THE FISCAL YEAR IF REIMBURSEMENTS TO LICENSED HOME CARE SERVICE AGENCIES
 BY ANY PARTY WERE BELOW THE NEW RATE.
   §  4.  Section 3614-d of the public health law, as added by section 49
 of part B of chapter 57 of the laws of  2015,  is  amended  to  read  as
 follows:
   §  3614-d.  Universal  standards  for  coding  of  payment for medical
 assistance claims for long term care. Claims for payment submitted under
 contracts or agreements  with  insurers  under  the  medical  assistance
 program  for  home  and community-based long-term care services provided
 under this article,  by  fiscal  intermediaries  operating  pursuant  to
 section  three  hundred  sixty-five-f of the social services law, and by
 residential health care facilities operating pursuant to  article  twen-
 ty-eight  of this chapter shall have standard billing codes. Such insur-
 ers shall include but not be limited to Medicaid managed care plans  and
 managed  long term care plans. Such payments shall be based on universal
 billing codes approved by the  department  or  a  nationally  accredited
 organization  as  approved  by  the  department; provided, however, such
 coding shall be consistent with any  codes  developed  as  part  of  the
 uniform  assessment system for long term care established by the depart-
 ment AND SHALL INCLUDE, FOR ANY ENTITY OPERATING PURSUANT TO THIS  ARTI-
 CLE  OR  SECTION  THREE  HUNDRED SIXTY-FIVE-F OF THE SOCIAL SERVICES LAW
 THAT IS UNABLE TO CONTROL THE CUMULATIVE HOURS WORKED BY  AN  INDIVIDUAL
 IN A GIVEN PAYROLL PERIOD, A CODE THAT IS SPECIFIC TO THE HOURLY COST OF
 SERVICES AT AN OVERTIME RATE.
   §  5. The state finance law is amended by adding a new section 91-h to
 read as follows:
   § 91-H. FAIR PAY FOR HOME CARE FUND. 1. THERE IS HEREBY ESTABLISHED IN
 THE JOINT CUSTODY OF THE COMMISSIONER OF TAXATION AND  FINANCE  AND  THE
 COMPTROLLER,  A  SPECIAL FUND TO BE KNOWN AS THE "FAIR PAY FOR HOME CARE
 FUND".
   2. THE FUND SHALL CONSIST OF:
   A. REVENUES AND FEDERAL MEDICAL ASSISTANCE  PERCENTAGE  REIMBURSEMENTS
 IN  EXCESS  OF  THE STANDARD REIMBURSEMENT RECEIVED BY THE DEPARTMENT OF
 HEALTH PURSUANT TO SECTION THIRTY-SEVEN OF PART B OF CHAPTER FIFTY-SEVEN
 OF THE LAWS OF TWO THOUSAND FIFTEEN;
   B. AN AMOUNT EQUAL TO SAVINGS FROM THE PERMANENT CONVERSION OR  DECER-
 TIFICATION  OF  RESIDENTIAL  HEALTH  CARE  FACILITY  BEDS, AS DEFINED IN
 SECTION TWENTY-EIGHT HUNDRED ONE OR  TWENTY-EIGHT  HUNDRED  TWO  OF  THE
 PUBLIC HEALTH LAW;
   C.  ANY  UNSPENT  MONIES  FROM THE NEW YORK WORKS ECONOMIC DEVELOPMENT
 FUNDS OR A LIFE SCIENCES INITIATIVE CREATED BY SECTION  ONE  OF  CHAPTER
 FIFTY-FOUR  OF  THE LAWS OF TWO THOUSAND SEVENTEEN WHICH WERE ORIGINALLY
 APPROPRIATED PRIOR TO THE TWO THOUSAND NINETEEN STATE FISCAL YEAR  WHICH
 HAVE  NOT  BEEN BOUND BY A CONTRACT AS OF APRIL FIRST TWO THOUSAND TWEN-
 TY-ONE AND WHICH ARE NOT OTHERWISE LEGALLY REQUIRED TO BE SPENT ON CAPI-
 TAL PROJECTS UNDER BONDING REQUIREMENTS THROUGH THE DORMITORY  AUTHORITY
 OF NEW YORK STATE OR OTHER BONDING ENTITY; AND
   D.  ANY  GRANTS,  GIFTS  OR  BEQUESTS  RECEIVED  BY  THE STATE FOR THE
 PURPOSES OF THE FUND UNDER THIS SECTION.
   3. MONIES OF THE FUND SHALL BE  DISTRIBUTED  TO  THE  COMMISSIONER  OF
 HEALTH,  OR  THE  COMMISSIONER'S DESIGNEE, FOR THE PURPOSE OF INCREASING
 MEDICAL ASSISTANCE REIMBURSEMENTS UNDER TITLE ELEVEN OF ARTICLE FIVE  OF
 THE  SOCIAL  SERVICES LAW TO ENTITIES OPERATING UNDER ARTICLE THIRTY-SIX

 S. 5374                             4
 
 OF THE PUBLIC HEALTH LAW AND SECTION THREE HUNDRED SIXTY-FIVE-F  OF  THE
 SOCIAL  SERVICES LAW FOR WAGES OF HOME CARE AIDES, AS DEFINED IN SECTION
 THIRTY-SIX HUNDRED FOURTEEN-F OF THE PUBLIC HEALTH LAW.
   §  6.  The  opening  paragraph  and  paragraph (a) of subdivision 3 of
 section 2802 of the public health law, as amended by chapter 609 of  the
 laws of 1982, is amended to read as follows:
   Subject  to the provisions of paragraph (b) of subdivision two OF THIS
 SECTION, the commissioner in [approving] DETERMINING WHETHER TO  APPROVE
 OR DENY the construction of a hospital shall take into consideration and
 be empowered to request information and advice as to (a) the availabili-
 ty  of  facilities  or services such as preadmission, ambulatory or home
 care services which may serve as alternatives  or  substitutes  for  the
 whole  or  any  part  of  the proposed hospital construction, AND BETTER
 ENABLE THE STATE TO MEET ITS OBLIGATIONS  TO  PROVIDE  SERVICES  IN  THE
 COMMUNITY SET FORTH IN OLMSTEAD V L.C. (BY ZIMRING) 527 U.S. 581 (1999);
   §  7.  Paragraphs  (c)  of  subdivision  18  of section 364-j of   the
 social services  law,  as added by sections 40-c and 55  of  part  B  of
 chapter 57 of the laws of 2015, are amended to read as follows:
   (c)  (I)  In  setting such reimbursement methodologies, the department
 shall consider costs borne by the managed care program to ensure actuar-
 ially sound and adequate rates of payment to ensure quality of care  FOR
 ITS  ENROLLEES  AND  SHALL  COMPLY WITH ALL APPLICABLE FEDERAL AND STATE
 LAWS  AND  REGULATIONS, INCLUDING, BUT NOT LIMITED TO, THOSE RELATING TO
 WAGES, INCLUDING COMPRESSION FROM INCREASES IN THE MINIMUM WAGE,  LABOR,
 AND ACTUARIAL SOUNDNESS.
   [(c)]  (II)  The  department [of health] shall require the independent
 actuary selected pursuant  to  paragraph  (b)  of  this  subdivision  to
 provide  a  complete  actuarial  memorandum,  along  with  all actuarial
 assumptions made and all other data, materials and methodologies used in
 the development of rates, to managed care providers thirty days prior to
 submission of such rates  to  the  centers  for  medicare  and  medicaid
 services  for  approval.  Managed  care providers may request additional
 review of the actuarial soundness of the  rate  setting  process  and/or
 methodology.
   (III)  ANY  CONTRACT  FOR  SERVICES UNDER THIS TITLE BY A MANAGED CARE
 PROVIDER WITH A LONG TERM CARE ENTITY SHALL ENSURE THAT  RESOURCES  MADE
 AVAILABLE BY THE PAYER UNDER SUCH CONTRACT WILL SUPPORT THE RECRUITMENT,
 HIRING, TRAINING AND RETENTION  OF  A  QUALIFIED  WORKFORCE  CAPABLE  OF
 PROVIDING QUALITY CARE, INCLUDING COMPLIANCE WITH ALL APPLICABLE FEDERAL
 AND  STATE  LAWS  AND  REGULATIONS, INCLUDING, BUT NOT LIMITED TO, THOSE
 RELATING TO WAGES AND LABOR. A MANAGED CARE PROVIDER WITH  A  LONG  TERM
 CARE  ENTITY SHALL REPORT ITS METHOD OF COMPLIANCE WITH THIS SUBDIVISION
 TO THE DEPARTMENT AS A COMPONENT OF COST REPORTS REQUIRED UNDER  SECTION
 FORTY-FOUR HUNDRED THREE-F OF THE PUBLIC HEALTH LAW.
   (IV)  A  LONG  TERM  CARE  ENTITY  THAT  CONTRACTS WITH A MANAGED CARE
 PROVIDER SHALL  ANNUALLY  SUBMIT WRITTEN CERTIFICATION TO THE DEPARTMENT
 AS A COMPONENT OF COST REPORTS   REQUIRED   UNDER   SECTION   THIRTY-SIX
 HUNDRED  TWELVE    OF  THE  PUBLIC HEALTH LAW AND SECTIONS THREE HUNDRED
 SIXTY-FIVE-A AND THREE HUNDRED SIXTY-SEVEN-Q OF THIS TITLE, AS  APPLICA-
 BLE,  AS  TO   HOW IT   APPLIED  THE  AMOUNTS  PAID  IN  COMPLIANCE WITH
 THIS SUBDIVISION  TO  SUPPORT  THE  RECRUITMENT,  HIRING,  TRAINING  AND
 RETENTION  OF  A  QUALIFIED WORKFORCE  CAPABLE OF PROVIDING QUALITY CARE
 AND CONSISTENT WITH SECTION THREE HUNDRED SIXTY-FIVE-A OF THIS TITLE.
   § 8. Subdivision 8 of section 4403-f of  the  public  health  law,  as
 amended  by  section  21 of part B of chapter 59 of the laws of 2016, is
 amended to read as follows:

 S. 5374                             5
 
   8. Payment rates for managed long term care  plan  enrollees  eligible
 for  medical  assistance. The commissioner shall establish payment rates
 for services provided to enrollees  eligible  under  title  XIX  of  the
 federal  social  security  act.  Such  payment rates shall be subject to
 approval by the director of the division of the budget and shall reflect
 savings to both state and local governments when compared to costs which
 would  be incurred by such program if enrollees were to receive compara-
 ble health and long term care services on a fee-for-service basis in the
 geographic region in which such services are proposed  to  be  provided.
 Payment rates shall be risk-adjusted to take into account the character-
 istics  of  enrollees, or proposed enrollees, including, but not limited
 to:   frailty, disability level,  health  and  functional  status,  age,
 gender,  the  nature  of  services provided to such enrollees, and other
 factors as determined by the commissioner. The  risk  adjusted  premiums
 may  also  be  combined  with  disincentives or requirements designed to
 mitigate any incentives to obtain higher payment categories. In  setting
 such  payment  rates, the commissioner shall consider costs borne by the
 managed care program to ensure actuarially sound and adequate  rates  of
 payment  to  ensure quality of care AND shall comply with all applicable
 laws and regulations, state and federal, including [regulations as  to],
 BUT  NOT LIMITED TO, THOSE RELATING TO WAGES, LABOR AND actuarial sound-
 ness [for medicaid managed care].
   § 9. Paragraph (c) of subdivision 1 of section 92 of part H of chapter
 59 of the laws of 2011 amending the public health  law  and  other  laws
 relating to known and projected department of health state fund Medicaid
 expenditures,  as  amended by section 1 of part CCC of chapter 56 of the
 laws of 2020, is amended to read as follows:
   (c) Projections may be adjusted by  the  director  of  the  budget  to
 account for any changes in the New York state federal medical assistance
 percentage  amount  established  pursuant to the federal social security
 act, changes in provider revenues, reductions to local  social  services
 district  medical  assistance  administration,  minimum  wage increases,
 INCREASES TO THE MANDATORY BASE WAGE FOR HOME CARE WORKERS  PURSUANT  TO
 ARTICLE  36  OF  THE  PUBLIC HEALTH LAW, and beginning April 1, 2012 the
 operational costs of the New York state medical indemnity fund and state
 costs or savings from the basic health plan.   Such projections  may  be
 adjusted by the director of the budget to account for increased or expe-
 dited department of health state funds medicaid expenditures as a result
 of  a natural or other type of disaster, including a governmental decla-
 ration of emergency.
   § 10.  Paragraph (a) of subdivision 3 of section 3614-c of the  public
 health  law  is  amended  by  adding  a  new subparagraph (v) to read as
 follows:
   (V) FOR ALL PERIODS ON OR AFTER JULY FIRST, TWO  THOUSAND  TWENTY-ONE,
 THE  CASH  PORTION  OF  THE MINIMUM RATE OF HOME CARE AIDE TOTAL COMPEN-
 SATION SHALL BE THE MINIMUM WAGE FOR HOME CARE AIDES IN  THE  APPLICABLE
 REGION,  AS  DEFINED  IN  SECTION  THIRTY-SIX HUNDRED FOURTEEN-F OF THIS
 ARTICLE. THE BENEFIT PORTION OF THE MINIMUM RATE OF HOME CARE AIDE TOTAL
 COMPENSATION SHALL BE FOUR DOLLARS AND EIGHTY-FOUR CENTS.
   § 11. Subparagraph (iv) of paragraph (b) of subdivision 3  of  section
 3614-c  of  the public health law, as amended by section 1 of part OO of
 chapter 56 of the laws of 2020, is amended and a new subparagraph (v) is
 added to read as follows:
   (iv) for all periods on or after March first,  two  thousand  sixteen,
 the  cash  portion  of  the minimum rate of home care aide total compen-
 sation shall be ten dollars or the minimum wage as laid out in paragraph

 S. 5374                             6
 
 (b) of subdivision one of section six hundred  fifty-two  of  the  labor
 law,  whichever  is  higher.  The benefit portion of the minimum rate of
 home care aide total compensation shall be three dollars and  twenty-two
 cents[.];
   (V)  FOR ALL PERIODS ON OR AFTER JULY FIRST,  TWO THOUSAND TWENTY-ONE,
 THE CASH PORTION OF THE  MINIMUM RATE OF HOME CARE  AIDE  TOTAL  COMPEN-
 SATION  SHALL  BE THE MINIMUM WAGE FOR THE APPLICABLE REGION, AS DEFINED
 IN SECTION THIRTY-SIX HUNDRED FOURTEEN-F OF THIS  CHAPTER.  THE  BENEFIT
 PORTION  OF  THE MINIMUM RATE OF HOME CARE AIDE TOTAL COMPENSATION SHALL
 BE THREE DOLLARS AND EIGHTY-NINE CENTS.
   § 12. Severability. If any provision of this act, or  any  application
 of  any  provision  of  this  act, is held to be invalid, that shall not
 affect the validity or effectiveness of any other provision of this act,
 any other application of  any  provision  of  this  act,  or  any  other
 provision of any law or code amended by this act.
   §  13. This act shall take effect immediately; provided, however, that
 the amendments to section 364-j of   the   social services law  made  by
 section  seven  of  this act and the amendments to section 4403-f of the
 public health law made by section eight of this act shall not affect the
 repeal of such sections and shall expire and be deemed  repealed  there-
 with.

co-Sponsors

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2021-S5374A (ACTIVE) - Details

See Assembly Version of this Bill:: A6329
Current Committee:: Senate Finance
Law Section:: Public Health Law
Laws Affected:: Add §3614-f, amd §§3614-d & 3614-c, Pub Health L; add §91-h, St Fin L; amd Part H §92, Chap 59 of 2011

2021-S5374A (ACTIVE) - Summary

2021-S5374A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S5374A

SPONSOR: MAY
 
TITLE OF BILL:

An act to amend the public health law, the state finance law and part H
of chapter 59 of the laws of 2011, amending the public health law and
other laws relating to known and projected department of health state
fund Medicaid expenditures, in relation to fair pay for home care aides

 
PURPOSE OR GENERAL IDEA OF BILL:

to establish a minimum base wage and provider reimbursement for home
care workers at 150% of the regional minimum wage (whether set by stat-
ute or under a wage order).

 
SUMMARY OF SPECIFIC PROVISIONS:

Adds new Public Health Law § 3614-f to require that home care aides be
paid a minimum of 150% of the regional minimum wage or wage order
governing a particular sector, whichever is higher, and makes additional
conforming amendments.  Regional minimum hourly base reimbursement rates

will be determined by the commissioner of health to include the costs of
overtime, employment taxes, disability insurance, workers compensation,
and reasonable administrative costs as well as certain capital costs and
allowable profits and reserves. State directed payments will assure that
reimbursement passes through to providers.

The determination of regional differences will be determined by the
Department of Health using currently required cost reports and updated
yearly. The bill establishes the Fair Pay for Home Care Fund which will
pool revenue from the federal community first choice enhanced rate,
Medicaid savings from the decertification of nursing home beds, unspent
capital project moneys, and possible grant or gift awards, to subsidize
Medicaid payment rates when necessary.

 
JUSTIFICATION:

New York has a larger need for home care than ever before and is at the
center of a national home care workforce crisis.  Individuals are going
without services or becoming institutionalized because there are not
enough home care workers. Over the next ten years, the Public Health
Institute estimates that home care, including consumer directed personal
assistance, should add more new jobs than any other occupation in the
State. The consulting firm Mercer estimates that despite this rapid
growth potential, the state will face a shortage of at least 80,000 home
care workers by 2025.  The primary reason is that home care aids are
among the lowest paid workers in the state, averaging just $22,000 annu-
al earnings. Fifty seven percent of home care workers rely on public
benefits to care for their own families.

Fair Pay for Home Care will respond to this crisis by providing a
respectful wage to these workers. A recent study by the CUNY School of
Labor and Urban Studies and funded by the NYS Office for the Aging found
that if wages were increased at this scale, and funded appropriately,
the home care workforce shortage could be solved in less than five
years.


The study said the proposal would create almost 18,000 new jobs in local
economies through increased spending capacity of these home care work-
ers. The state would see increased sales and income tax collections and
savings from public benefits totaling $7.6 billion, putting it on track
to be one of the most successful economic development programs in the
state's history.

 
PRIOR LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS:

To be determined

 
EFFECTIVE DATE:
Immediately

2021-S5374A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5374--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               March 3, 2021
                                ___________
 
 Introduced by Sens. MAY, ADDABBO, AKSHAR, BAILEY, BIAGGI, BRESLIN, BRIS-
   PORT,  BROUK,  COMRIE, COONEY, GIANARIS, GOUNARDES, HARCKHAM, HINCHEY,
   HOYLMAN, JACKSON, KAVANAGH, KENNEDY, MANNION, MARTUCCI, MAYER,  MYRIE,
   OBERACKER,  PARKER, RAMOS, REICHLIN-MELNICK, RIVERA, SALAZAR, SANDERS,
   SAVINO, SEPULVEDA, SERINO, SERRANO, SKOUFIS, THOMAS -- read twice  and
   ordered  printed, and when printed to be committed to the Committee on
   Health -- committee discharged, bill  amended,  ordered  reprinted  as
   amended and recommitted to said committee
 
 AN  ACT to amend the public health law, the state finance law and part H
   of chapter 59 of the laws of 2011, amending the public health law  and
   other  laws relating to known and projected department of health state
   fund Medicaid expenditures, in relation to  fair  pay  for  home  care
   aides
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The public health law is amended by adding  a  new  section
 3614-f to read as follows:
   §  3614-F. FAIR PAY FOR HOME CARE. 1. FOR THE PURPOSE OF THIS SECTION,
 "HOME CARE AIDE" SHALL HAVE THE SAME MEANING DEFINED IN SECTION  THIRTY-
 SIX HUNDRED FOURTEEN-C OF THIS ARTICLE.
   2.  BEGINNING  JANUARY  FIRST,  TWO THOUSAND TWENTY-THREE, THE MINIMUM
 WAGE FOR A HOME CARE AIDE SHALL BE NO LESS THAN ONE  HUNDRED  AND  FIFTY
 PERCENT  OF  THE  HIGHER  OF:  (A) THE OTHERWISE APPLICABLE MINIMUM WAGE
 UNDER SECTION SIX HUNDRED FIFTY-TWO OF THE LABOR LAW, OR (B) ANY  OTHER-
 WISE  APPLICABLE  WAGE RULE OR ORDER UNDER ARTICLE NINETEEN OF THE LABOR
 LAW.
   3. WHERE ANY HOME CARE  AIDE  IS  PAID  LESS  THAN  REQUIRED  BY  THIS
 SECTION,  THE  HOME  CARE  AIDE,  OR THE COMMISSIONER OF LABOR ACTING ON
 BEHALF OF THE HOME CARE AIDE, MAY BRING AN ACTION UNDER ARTICLE  SIX  OR
 NINETEEN OF THE LABOR LAW.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10145-03-1
 S. 5374--A                          2

 
   4. (A) THE COMMISSIONER SHALL ESTABLISH A REGIONAL MINIMUM HOURLY BASE
 REIMBURSEMENT  RATE  FOR  ALL PROVIDERS EMPLOYING WORKERS SUBJECT TO THE
 MINIMUM WAGE PROVISIONS ESTABLISHED IN SUBDIVISION ONE OF THIS  SECTION.
 THE  REGIONAL  MINIMUM  HOURLY BASE REIMBURSEMENT RATE SHALL BE BASED ON
 REGIONS ESTABLISHED BY THE COMMISSIONER, PROVIDED THAT FOR AREAS SUBJECT
 TO SECTION THIRTY-SIX HUNDRED FOURTEEN-C OF THIS ARTICLE, EACH AREA WITH
 A  DIFFERENT  PREVAILING  RATE OF TOTAL COMPENSATION, AS DEFINED IN THAT
 SECTION, SHALL BE ITS OWN REGION.
   (B) FOR THE PURPOSES OF THIS SECTION, "REGIONAL  MINIMUM  HOURLY  BASE
 REIMBURSEMENT RATE" MEANS A REIMBURSEMENT RATE THAT REFLECTS THE AVERAGE
 COMBINED COSTS ASSOCIATED WITH THE PROVISION OF DIRECT SERVICE INCLUSIVE
 OF, BUT NOT LIMITED TO, OVERTIME COSTS; ALL BENEFITS; ALL PAYROLL TAXES,
 INCLUDING  BUT NOT LIMITED TO FEDERAL INSURANCE CONTRIBUTIONS ACT, MEDI-
 CARE, FEDERAL UNEMPLOYMENT TAX ACT, STATE UNEMPLOYMENT INSURANCE,  DISA-
 BILITY  INSURANCE, WORKERS' COMPENSATION, AND THE METROPOLITAN TRANSPOR-
 TATION AUTHORITY TAX; RELATED INCREASES  TIED  TO  BASE  WAGES  SUCH  AS
 COMPRESSION;  REASONABLE  ADMINISTRATIVE COSTS AS DEFINED BY THE COMMIS-
 SIONER; ALLOWANCES FOR CAPITAL  COSTS;  THE  DEVELOPMENT  OF  PROFIT  OR
 RESERVES AS ALLOWABLE BY LAW OR REGULATIONS OF THE COMMISSIONER; AND ANY
 ADDITIONAL SUPPLEMENTAL PAYMENTS.
   5.  (A)  THE  INITIAL  REGIONAL MINIMUM HOURLY BASE REIMBURSEMENT RATE
 SHALL BE NO LESS THAN THE FOLLOWING:
   (I) THIRTY-EIGHT DOLLARS AND FIFTY CENTS PER HOUR IN THE  WAGE  PARITY
 REGION,  ENCOMPASSING ALL COUNTIES SUBJECT TO SECTION THIRTY-SIX HUNDRED
 FOURTEEN OF THIS ARTICLE; AND
   (II) THIRTY-EIGHT DOLLARS AND EIGHTEEN CENTS PER HOUR FOR THE COUNTIES
 IN THE REMAINDER OF THE STATE.
   (B) FOR CONSUMER DIRECTED PERSONAL ASSISTANCE SERVICES PROVIDED  UNDER
 SECTION  THREE  HUNDRED  SIXTY-FIVE-F  OF  THE  SOCIAL SERVICES LAW, THE
 INITIAL REGIONAL MINIMUM HOURLY BASE REIMBURSEMENT  RATE  SHALL  REFLECT
 THE  RATES  ESTABLISHED  IN  PARAGRAPH (A) OF THIS SUBDIVISION, PROVIDED
 THAT THE COMMISSIONER MAY REDUCE SUCH RATES BY NO MORE THAN  TWELVE  AND
 NINE-TENTHS  PERCENT.  IN  THE  EVENT  THAT SUCH REDUCTION OCCURS, A PER
 MEMBER, PER MONTH  INCREASE  REFLECTIVE  OF  ACTUAL  ADMINISTRATIVE  AND
 GENERAL  COSTS,  ADJUSTED TO REFLECT REGIONAL DIFFERENCES AS REGIONS ARE
 DEFINED IN THIS SECTION, SHALL BE MADE TO FISCAL INTERMEDIARIES ADMINIS-
 TERING SUCH PROGRAMS. IF THE DEPARTMENT OR A MANAGED  CARE  ORGANIZATION
 CHOOSES  NOT  TO  UTILIZE  THE PER MEMBER, PER MONTH PAYMENT ESTABLISHED
 PURSUANT TO THIS PARAGRAPH, THE REGIONAL MINIMUM HOURLY BASE  REIMBURSE-
 MENT  RATE FOR THAT REGION, AS DEFINED IN PARAGRAPH (A) OF THIS SUBDIVI-
 SION, SHALL APPLY.
   6. NO PAYMENT MADE TO A PROVIDER WHO EMPLOYS HOME CARE  AIDES  SUBJECT
 TO  THIS  SECTION  THAT  IS  LESS  THAN THE REGIONAL MINIMUM HOURLY BASE
 REIMBURSEMENT RATE ESTABLISHED BY THE  COMMISSIONER  FOR  A  REGION  FOR
 SERVICES  PROVIDED  UNDER  AUTHORIZATION BY A LOCAL DEPARTMENT OF SOCIAL
 SERVICES, A MANAGED CARE PROVIDER UNDER  SECTION  THREE  HUNDRED  SIXTY-
 FOUR-J  OF THE SOCIAL SERVICES LAW, OR A MANAGED LONG-TERM CARE PROVIDER
 UNDER SECTION FORTY-FOUR HUNDRED-F  OF  THIS  CHAPTER  SHALL  BE  DEEMED
 ADEQUATE.
   (A)  THE  COMMISSIONER SHALL SUBMIT ANY AND ALL NECESSARY APPLICATIONS
 FOR APPROVALS AND/OR WAIVERS TO THE FEDERAL  CENTERS  FOR  MEDICARE  AND
 MEDICAID  SERVICES  TO  SECURE APPROVAL TO ESTABLISH MINIMUM HOURLY BASE
 REIMBURSEMENT RATES AND MAKE STATE-DIRECTED PAYMENTS  TO  PROVIDERS  FOR
 THE PURPOSES OF SUPPORTING WAGE INCREASES.
   (B)  DIRECTED  PAYMENTS  SHALL  BE  MADE TO SUCH PROVIDERS OF MEDICAID
 SERVICES THROUGH CONTRACTS WITH MANAGED CARE ORGANIZATIONS WHERE  APPLI-
 S. 5374--A                          3
 
 CABLE,  PROVIDED  THAT  THE  COMMISSIONER  ENSURES  THAT  SUCH  DIRECTED
 PAYMENTS ARE IN ACCORDANCE WITH THE TERMS OF THIS SECTION.
   (C)  THE  COMMISSIONER  SHALL  ENSURE  THAT MANAGED CARE CAPITATION IS
 ADJUSTED TO ENSURE RATE ADEQUACY FOR THE MANAGED CARE ORGANIZATIONS.
   7. NOTHING IN THIS SECTION SHALL  PRECLUDE  PROVIDERS  EMPLOYING  HOME
 CARE  AIDES  COVERED  UNDER  THIS SECTION OR PAYERS FROM CONTRACTING FOR
 SERVICES  AT  RATES  HIGHER  THAN  THE  REGIONAL  MINIMUM  HOURLY   BASE
 REIMBURSEMENT RATE IF THE PARTIES AGREE TO SUCH TERMS.
   8.  THE  COMMISSIONER  SHALL  PUBLISH AND POST REGIONAL MINIMUM HOURLY
 BASE REIMBURSEMENT RATES ANNUALLY AND SHALL TAKE ALL NECESSARY STEPS  TO
 ADVISE  COMMERCIAL  AND GOVERNMENT PROGRAMS PAYERS OF HOME CARE SERVICES
 OF THE REGIONAL MINIMUM HOURLY  BASE  REIMBURSEMENT  RATES  AND  REQUIRE
 OTHER  STATE  AUTHORIZED  PAYERS  TO  REIMBURSE  PROVIDERS  OF HOME CARE
 SERVICES AT THE MINIMUM HOURLY BASE REIMBURSEMENT RATE.
   9. FOLLOWING THE INITIAL  ESTABLISHED  REGIONAL  MINIMUM  HOURLY  BASE
 REIMBURSEMENT  RATE  ESTABLISHED  UNDER  THIS  SECTION, THE COMMISSIONER
 SHALL ANNUALLY ADJUST THE REGIONAL HOURLY BASE  REIMBURSEMENT  RATE  FOR
 EACH  REGION  TO REFLECT COSTS OR OTHER INCREASES IN WAGES, BENEFITS, OR
 OTHER REQUIREMENTS. THE COMMISSIONER SHALL  DEVELOP  A  METHODOLOGY  FOR
 ANNUAL  INCREASES,  TAKING  INTO  CONSIDERATION  RELEVANT  DATA SOURCES,
 INCLUDING BUT NOT LIMITED TO INFORMATION FROM CERTIFIED COST REPORTS AND
 STATISTICAL REPORTS SUBMITTED TO THE DEPARTMENT BY  PROVIDERS  EMPLOYING
 INDIVIDUALS SUBJECT TO THIS SECTION FOR THE PRIOR CALENDAR YEAR, CONSUM-
 ER  PRICE  INDEX  INCREASES;  SUBSEQUENT PANDEMIC OR OTHER PUBLIC HEALTH
 EMERGENCIES; AND OTHER RELEVANT ECONOMIC FACTORS.   PRIOR TO  FINALIZING
 SUCH  METHODOLOGY,  THE  COMMISSIONER SHALL ESTABLISH A PUBLIC WORKGROUP
 THAT SHALL INCLUDE PROVIDER, CONSUMER, MANAGED  CARE  ORGANIZATION,  AND
 LABOR REPRESENTATIVES FROM EACH GEOGRAPHICAL REGION IN WHICH THERE IS AN
 ESTABLISHED  REGIONAL  MINIMUM HOURLY BASE REIMBURSEMENT RATE; STATEWIDE
 ASSOCIATIONS; AND OTHER STAKEHOLDERS TO INFORM THE PROCESS. THE  COMMIS-
 SIONER  SHALL  PUBLISH AND TAKE PUBLIC INPUT ON THE PROPOSED METHODOLOGY
 TO BE USED TO UPDATE REGIONAL MINIMUM HOURLY BASE REIMBURSEMENT RATES.
   10. ANNUAL INCREASES TO THE REGIONAL MINIMUM HOURLY BASE REIMBURSEMENT
 RATES SHALL BE ISSUED AND POSTED BY THE DEPARTMENT BY SEPTEMBER  THIRTI-
 ETH OF THE PRIOR CALENDAR YEAR TO WHEN SUCH RATES SHALL TAKE EFFECT.
   11. FOR YEARS IN WHICH RATE ADJUSTMENTS TO THE REGIONAL MINIMUM HOURLY
 BASE  REIMBURSEMENT  RATE HAVE NOT BEEN CALCULATED PRIOR TO THE START OF
 THE CALENDAR YEAR, THE PREVIOUS YEAR'S RATE SHALL REMAIN IN PLACE  UNTIL
 THE  NEW  RATE  IS CALCULATED. IF IT IS DETERMINED THAT RETROACTIVE RATE
 ADJUSTMENTS ARE NECESSARY, PAYMENT ADJUSTMENTS WILL BE MADE AS A  DIRECT
 PASS THROUGH TO PROVIDERS WITHIN SIXTY DAYS OF THE ADJUSTED RATE.
   §  2.  Section 3614-d of the public health law, as added by section 49
 of part B of chapter 57 of the laws of  2015,  is  amended  to  read  as
 follows:
   §  3614-d.  Universal  standards  for  coding  of  payment for medical
 assistance claims for long term care. Claims for payment submitted under
 contracts or agreements  with  insurers  under  the  medical  assistance
 program  for  home  and community-based long-term care services provided
 under this article,  by  fiscal  intermediaries  operating  pursuant  to
 section  three  hundred  sixty-five-f of the social services law, and by
 residential health care facilities operating pursuant to  article  twen-
 ty-eight  of this chapter shall have standard billing codes. Such insur-
 ers shall include but not be limited to Medicaid managed care plans  and
 managed  long term care plans. Such payments shall be based on universal
 billing codes approved by the  department  or  a  nationally  accredited
 organization  as  approved  by  the  department; provided, however, such
 S. 5374--A                          4

 coding shall be consistent with any  codes  developed  as  part  of  the
 uniform  assessment system for long term care established by the depart-
 ment AND SHALL INCLUDE, FOR ANY ENTITY OPERATING PURSUANT TO THIS  ARTI-
 CLE  OR  SECTION  THREE  HUNDRED SIXTY-FIVE-F OF THE SOCIAL SERVICES LAW
 THAT IS UNABLE TO CONTROL THE CUMULATIVE HOURS WORKED BY  AN  INDIVIDUAL
 IN A GIVEN PAYROLL PERIOD, A CODE THAT IS SPECIFIC TO THE HOURLY COST OF
 SERVICES AT AN OVERTIME RATE.
   §  3. The state finance law is amended by adding a new section 91-h to
 read as follows:
   § 91-H. FAIR PAY FOR HOME CARE FUND. 1. THERE IS HEREBY ESTABLISHED IN
 THE JOINT CUSTODY OF THE COMMISSIONER OF TAXATION AND  FINANCE  AND  THE
 COMPTROLLER,  A  SPECIAL FUND TO BE KNOWN AS THE "FAIR PAY FOR HOME CARE
 FUND".
   2. THE FUND SHALL CONSIST OF, BUT NOT BE LIMITED TO:
   A. REVENUES AND FEDERAL MEDICAL ASSISTANCE  PERCENTAGE  REIMBURSEMENTS
 IN  EXCESS  OF  THE STANDARD REIMBURSEMENT RECEIVED BY THE DEPARTMENT OF
 HEALTH PURSUANT TO SECTION THIRTY-SEVEN OF PART B OF CHAPTER FIFTY-SEVEN
 OF THE LAWS OF TWO THOUSAND FIFTEEN;
   B. AN AMOUNT EQUAL TO SAVINGS FROM THE PERMANENT CONVERSION OR  DECER-
 TIFICATION  OF  RESIDENTIAL  HEALTH  CARE  FACILITY  BEDS, AS DEFINED IN
 SECTION TWENTY-EIGHT HUNDRED ONE OR  TWENTY-EIGHT  HUNDRED  TWO  OF  THE
 PUBLIC HEALTH LAW;
   C.  ANY  UNSPENT  MONIES  FROM THE NEW YORK WORKS ECONOMIC DEVELOPMENT
 FUNDS OR A LIFE SCIENCES INITIATIVE CREATED BY SECTION  ONE  OF  CHAPTER
 FIFTY-FOUR  OF  THE LAWS OF TWO THOUSAND SEVENTEEN WHICH WERE ORIGINALLY
 APPROPRIATED PRIOR TO THE TWO THOUSAND NINETEEN STATE FISCAL YEAR  WHICH
 HAVE  NOT  BEEN BOUND BY A CONTRACT AS OF APRIL FIRST TWO THOUSAND TWEN-
 TY-ONE AND WHICH ARE NOT OTHERWISE LEGALLY REQUIRED TO BE SPENT ON CAPI-
 TAL PROJECTS UNDER BONDING REQUIREMENTS THROUGH THE DORMITORY  AUTHORITY
 OF NEW YORK STATE OR OTHER BONDING ENTITY; AND
   D.  ANY  GRANTS,  GIFTS  OR  BEQUESTS  RECEIVED  BY  THE STATE FOR THE
 PURPOSES OF THE FUND UNDER THIS SECTION.
   3. MONIES OF THE FUND SHALL BE  DISTRIBUTED  TO  THE  COMMISSIONER  OF
 HEALTH,  OR  THE  COMMISSIONER'S DESIGNEE, FOR THE PURPOSE OF INCREASING
 MEDICAL ASSISTANCE REIMBURSEMENTS UNDER TITLE ELEVEN OF ARTICLE FIVE  OF
 THE SOCIAL SERVICES LAW TO ENTITIES SUBJECT TO MINIMUM WAGE REQUIREMENTS
 FOR  HOME  CARE AIDES UNDER SECTION THIRTY-SIX HUNDRED FOURTEEN-F OF THE
 PUBLIC HEALTH LAW, PROVIDED THAT  THE  MONIES  OF  THIS  FUND  SHALL  BE
 UTILIZED  TO  OFFSET GENERAL FUND EXPENSES RELATED TO IMPLEMENTATION AND
 ONGOING COSTS OF SECTION THIRTY-SIX HUNDRED  FOURTEEN-F  OF  THE  PUBLIC
 HEALTH  LAW  AND SHALL NOT BE THE SOLE SOURCE OF FUNDS MADE AVAILABLE TO
 MEET THE REQUIREMENTS ESTABLISHED BY SUCH SECTION.
   § 4. Paragraph (c) of subdivision 1 of section 92 of part H of chapter
 59 of the laws of 2011 amending the public health  law  and  other  laws
 relating to known and projected department of health state fund Medicaid
 expenditures,  as  amended by section 1 of part CCC of chapter 56 of the
 laws of 2020, is amended to read as follows:
   (c) Projections may be adjusted by  the  director  of  the  budget  to
 account for any changes in the New York state federal medical assistance
 percentage  amount  established  pursuant to the federal social security
 act, changes in provider revenues, reductions to local  social  services
 district  medical  assistance  administration,  minimum  wage increases,
 INCREASES TO THE MANDATORY BASE WAGE FOR HOME CARE WORKERS  PURSUANT  TO
 ARTICLE  36  OF  THE  PUBLIC HEALTH LAW, and beginning April 1, 2012 the
 operational costs of the New York state medical indemnity fund and state
 costs or savings from the basic health plan.   Such projections  may  be
 S. 5374--A                          5
 
 adjusted by the director of the budget to account for increased or expe-
 dited department of health state funds medicaid expenditures as a result
 of  a natural or other type of disaster, including a governmental decla-
 ration of emergency.
   §  5.   Paragraph (a) of subdivision 3 of section 3614-c of the public
 health law is amended by adding  a  new  subparagraph  (v)  to  read  as
 follows:
   (V)  FOR  ALL  PERIODS ON OR AFTER JANUARY FIRST, TWO THOUSAND TWENTY-
 THREE, THE CASH PORTION OF THE MINIMUM RATE  OF  HOME  CARE  AIDE  TOTAL
 COMPENSATION SHALL BE THE MINIMUM WAGE FOR HOME CARE AIDES IN THE APPLI-
 CABLE  REGION,  AS  DEFINED  IN SECTION THIRTY-SIX HUNDRED FOURTEEN-F OF
 THIS ARTICLE. THE BENEFIT PORTION OF THE MINIMUM RATE OF HOME CARE  AIDE
 TOTAL COMPENSATION SHALL BE FOUR DOLLARS AND EIGHTY-FOUR CENTS.
   §  6.  Subparagraph  (iv) of paragraph (b) of subdivision 3 of section
 3614-c of the public health law, as amended by section 1 of part  OO  of
 chapter 56 of the laws of 2020, is amended and a new subparagraph (v) is
 added to read as follows:
   (iv)  for  all  periods on or after March first, two thousand sixteen,
 the cash portion of the minimum rate of home  care  aide  total  compen-
 sation shall be ten dollars or the minimum wage as laid out in paragraph
 (b)  of  subdivision  one  of section six hundred fifty-two of the labor
 law, whichever is higher. The benefit portion of  the  minimum  rate  of
 home  care aide total compensation shall be three dollars and twenty-two
 cents[.];
   (V) FOR ALL PERIODS ON OR AFTER JANUARY FIRST,   TWO THOUSAND  TWENTY-
 THREE,  THE  CASH  PORTION OF THE   MINIMUM RATE OF HOME CARE AIDE TOTAL
 COMPENSATION SHALL BE THE MINIMUM WAGE FOR  THE  APPLICABLE  REGION,  AS
 DEFINED  IN  SECTION  THIRTY-SIX HUNDRED FOURTEEN-F OF THIS CHAPTER. THE
 BENEFIT PORTION OF THE MINIMUM RATE OF HOME CARE AIDE TOTAL COMPENSATION
 SHALL BE THREE DOLLARS AND EIGHTY-NINE CENTS.
   § 7. Severability. If any provision of this act, or any application of
 any provision of this act, is held to be invalid, or to  violate  or  be
 inconsistent  with  any federal law or regulation, that shall not affect
 the validity or effectiveness of any other provision of this act, or  of
 any  other  application  of any provision of this act which can be given
 effect without that provision or  application;  and  to  that  end,  the
 provisions and applications of this act are severable.
   § 8. This act shall take effect immediately.

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Senate Bill S5374A

Sponsored By

Archive: Last Bill Status - In Senate Committee Finance Committee

Feb 1, 2022 - Health Committee Vote

Health Committee Vote: Feb 1, 2022

Bill Amendments

co-Sponsors

2021-S5374 - Details

2021-S5374 - Summary

2021-S5374 - Sponsor Memo

2021-S5374 - Bill Text download pdf

co-Sponsors

2021-S5374A (ACTIVE) - Details

2021-S5374A (ACTIVE) - Summary

2021-S5374A (ACTIVE) - Sponsor Memo

2021-S5374A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S5374A

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Sponsored By

Archive: Last Bill Status - In Senate Committee Finance Committee

Bill Amendments

co-Sponsors

2021-S5374 - Details

2021-S5374 - Summary

2021-S5374 - Sponsor Memo

2021-S5374 - Bill Text download pdf

co-Sponsors

2021-S5374A (ACTIVE) - Details

2021-S5374A (ACTIVE) - Summary

2021-S5374A (ACTIVE) - Sponsor Memo

2021-S5374A (ACTIVE) - Bill Text download pdf

Comments