Assembly Bill A8999

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8999
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              August 13, 2025
                                ___________
 
 Introduced  by M. of A. TAPIA -- read once and referred to the Committee
   on Health
 
 AN ACT to amend the public  health  law,  in  relation  to  wage  parity
   compensation and prohibiting the substitution of mandatory benefits
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Section 3614-c of the  public  health  law  is  amended  by
 adding a new subdivision 7-b to read as follows:
   7-B. (A) NOTWITHSTANDING ANY OTHER PROVISION OF LAW OR REGULATION, ANY
 COMPENSATION  PAID  PURSUANT  TO  THIS  SECTION  TO  SATISFY WAGE PARITY
 REQUIREMENTS SHALL BE PAID DIRECTLY TO THE EMPLOYEE IN THE FORM OF  CASH
 WAGES  UNLESS  THE EMPLOYEE AFFIRMATIVELY ELECTS, IN WRITING, TO RECEIVE
 PART OR ALL OF SUCH COMPENSATION IN THE FORM OF SUPPLEMENTAL BENEFITS.
   (B) NO COVERED ENTITY, INCLUDING BUT NOT LIMITED TO A FISCAL  INTERME-
 DIARY, CONTRACTOR, OR SUBCONTRACTOR UNDER THE CONSUMER DIRECTED PERSONAL
 ASSISTANCE PROGRAM (CDPAP) ESTABLISHED PURSUANT TO SECTION THREE HUNDRED
 SIXTY-FIVE-F  OF  THE SOCIAL SERVICES LAW, SHALL SUBSTITUTE SUPPLEMENTAL
 BENEFITS, INCLUDING HEALTH INSURANCE OR  DEBIT  CARD  ARRANGEMENTS,  FOR
 WAGE PARITY COMPENSATION UNLESS:
   (I) THE EMPLOYEE VOLUNTARILY AND AFFIRMATIVELY OPTS IN TO SUCH BENEFIT
 OR BENEFITS IN WRITING;
   (II)  THE EMPLOYEE IS PROVIDED A PLAIN-LANGUAGE NOTICE IN SUCH EMPLOY-
 EE'S PRIMARY LANGUAGE DESCRIBING:
   (1) THE EXACT MONETARY VALUE OF EACH BENEFIT;
   (2) THE SCOPE AND LIMITATIONS OF SUCH BENEFITS;
   (3) THE RIGHT TO RECEIVE THE ENTIRE AMOUNT AS CASH INSTEAD;
   (4) THE PROCEDURES FOR OPTING IN OR OUT AT ANY TIME; AND
   (III) THE EMPLOYEE RETAINS THE RIGHT TO OPT OUT OF  ANY  SUCH  BENEFIT
 AND  REVERT  TO  CASH  COMPENSATION  AT ANY TIME UPON REASONABLE WRITTEN
 NOTICE.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13535-02-5
 A. 8999                             2
              

 
   (C) NO EMPLOYEE SHALL BE AUTOMATICALLY ENROLLED OR REQUIRED TO  REMAIN
 ENROLLED  IN  ANY  NON-CASH BENEFIT PLAN AS A CONDITION OF EMPLOYMENT OR
 PARTICIPATION IN THE CDPAP ESTABLISHED PURSUANT TO SECTION THREE HUNDRED
 SIXTY-FIVE-F OF THE SOCIAL SERVICES LAW OR ANY OTHER HOME  CARE  PROGRAM
 SUBJECT TO THIS SECTION.
   (D)  ANY DEDUCTION FROM WAGES FOR THE PURPOSE OF FUNDING BENEFIT PLANS
 OR OTHER NON-CASH COMPENSATION, WITHOUT THE EMPLOYEE'S EXPLICIT  WRITTEN
 AND REVOCABLE CONSENT, SHALL CONSTITUTE AN UNLAWFUL WAGE DEDUCTION UNDER
 ARTICLE SIX OF THE LABOR LAW.
   (E)  THE  OFFICE  OF  THE ATTORNEY GENERAL SHALL HAVE THE AUTHORITY TO
 INVESTIGATE AND ENFORCE THE PROVISIONS  OF  THIS  SUBDIVISION,  AND  MAY
 IMPOSE ADDITIONAL CIVIL PENALTIES AS DEEMED APPROPRIATE.
   (F)  THE  DEPARTMENT  OF  HEALTH AND DEPARTMENT OF LABOR SHALL JOINTLY
 PROMULGATE REGULATIONS TO ENFORCE THIS SUBDIVISION,  ENSURE  COMPLIANCE,
 AND IMPLEMENT EMPLOYEE REPORTING, AUDIT, AND CORRECTIVE MECHANISMS.
   §  2.  Severability.  If any clause, sentence, paragraph, subdivision,
 section or part of this act shall be adjudged by any court of  competent
 jurisdiction  to  be invalid, such judgment shall not affect, impair, or
 invalidate the remainder thereof, but shall be confined in its operation
 to the clause, sentence, paragraph, subdivision, section or part thereof
 directly involved in the controversy in which such judgment  shall  have
 been rendered. It is hereby declared to be the intent of the legislature
 that  this  act  would have been enacted even if such invalid provisions
 had not been included herein.
   § 3. This act shall take effect immediately.