assembly Bill A6329A

2021-2022 Legislative Session

Relates to fair pay for home care aides

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Current Bill Status - In Assembly Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (5)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 05, 2022 referred to ways and means
Dec 29, 2021 print number 6329a
Dec 29, 2021 amend (t) and recommit to ways and means
May 25, 2021 reported referred to ways and means
Mar 16, 2021 referred to health

Co-Sponsors

view additional co-sponsors

A6329 - Details

See Senate Version of this Bill:
S5374
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

A6329 - 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.

A6329 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6329
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 16, 2021
                                ___________
 
 Introduced by M. of A. GOTTFRIED, REYES, DINOWITZ, FRONTUS, GONZALEZ-RO-
   JAS -- read once and referred 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.

Co-Sponsors

view additional co-sponsors

A6329A (ACTIVE) - Details

See Senate Version of this Bill:
S5374
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

A6329A (ACTIVE) - 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.

A6329A (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6329--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 16, 2021
                                ___________
 
 Introduced by M. of A. GOTTFRIED, REYES, DINOWITZ, FRONTUS, GONZALEZ-RO-
   JAS,  BURGOS, CARROLL, KIM, BURDICK, JACOBSON, SIMON, GUNTHER, ABINAN-
   TI, CYMBROWITZ, BRABENEC, GALEF,  EPSTEIN,  KELLES,  MAMDANI,  PAULIN,
   QUART,  MITAYNES,  LUPARDO,  BICHOTTE HERMELYN,  STECK,  L. ROSENTHAL,
   TAGUE, ENGLEBRIGHT, SOLAGES, FALL,  RAMOS,  HUNTER,  CRUZ,  GALLAGHER,
   CAHILL,  FORREST,  M. MILLER,  JONES,  JEAN-PIERRE,  SEPTIMO,  BARRON,
   STERN,  DICKENS,  O'DONNELL,  CLARK,  FERNANDEZ,  LUNSFORD,   BRONSON,
   SEAWRIGHT, MEEKS, JOYNER, HYNDMAN, DARLING, McDONOUGH, HEVESI, STIRPE,
   DURSO,  SILLITTI,  McDONALD,  SMITH,  CUSICK,  PERRY,  WOERNER,  OTIS,
   ZEBROWSKI, PRETLOW, DE LA ROSA, SAYEGH,  J. A. GIGLIO,  PHEFFER AMATO,
   TAPIA,  BUTTENSCHON, FAHY, ANDERSON, PEOPLES-STOKES, RAJKUMAR, LAVINE,
   J. D. RIVERA, NIOU -- read once  and  referred  to  the  Committee  on
   Health  -- reported and referred to the Committee on Ways and Means --
   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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10145-02-1