FLSA and the Consumer Directed Personal Assistance Program

The Department of Health (DOH) has posted a Frequently Asked Questions (FAQs) document on the Consumer Directed Personal Assistance Services (CDPAS) Fair Labor Standards Act (FLSA) Balancing Incentive Payment (BIP) Pool Payments. A Fiscal Intermediary (FI) that contracted with the local departments of social services and managed care plans and provided services during the period April 1 to June 30, 2015 may be eligible.  Last year DOH set aside a $5 million pool of BIP funds to mitigate the impact of the FLSA rule and to provide bridge funding for eligible FIs.  

DOH posted an application for $2.5 million dollars that will be awarded to eligible FIs.  The application needs to be submitted this week, before Nov. 2, 2015.

DOH is advising that FIs that previously received CDPAS FLSA BIP Pool Payments and did not use the award dollars should expend those monies now.

LeadingAge New York, along with other home care associations, has asked members for the fiscal (overtime and travel costs) and administrative impact to comply with the FLSA Act.  Since 2014 we have continued to advocate with DOH on the need for additional funding for home care providers to comply with the FLSA. We are in the process of tabulating aggregate results from our most recent survey. We are grateful to our members who responded to the survey in support of our advocacy.

Contact: Cheryl Udell, cudell@leadingageny.org, 518-867-8871