|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Mar 03, 2021||referred to health|
senate Bill S5374
Current Bill Status - In Senate Committee Health Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S5374 (ACTIVE) - Details
S5374 (ACTIVE) - 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
S5374 (ACTIVE) - 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.
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