LeadingAge NY Testifies in Support of 13-Hour Rule

LeadingAge NY submitted public comment this week in support of a Department of Labor (DOL)-proposed rule relating to compensation of home care aides who work a 24-hour shift. The proposed regulation clarifies that hours worked may exclude meal periods and sleep times for employees who work shifts of 24 hours or more, resulting in 13 hours of pay for a live-in aide. LeadingAge NY continues to advocate for this position in the courts and regulation. A majority of the home care provided by Licensed Home Care Services Agencies (LHCSAs) is paid for by Medicare and Medicaid, either directly or indirectly through Certified Home Health Agencies (CHHAs) or Managed Long Term Care (MLTC) plans. Many, if not most, of these entities have negative or negligible operating margins. They are not reimbursed by the federal or state governments, or by insurers or other third-party payors, for every hour of a 24-hour shift for live-in cases, and there is no known plan by government payors to do so in the future. This proposed regulation clarifies longstanding state policy and industry practice and is critical to preserving the status quo in New York’s home care industry. Without it, the cost of home care would skyrocket, and many agencies and MLTC plans would find the increased costs catastrophic to their operations. For many patients, this would mean institutionalization in a nursing home instead of care that could be provided at home.

LeadingAge NY will also be submitting an amicus brief in Andryeyeva v. New York Health Care, Inc., a case before the Court of Appeals that also seeks to address this issue. Click here to access the proposed rule entitled Hours Worked, 24-Hour Shift (on page 43), and click here to read our testimony. For more background on this subject, click here. LeadingAge NY will provide members with updates as details emerge on this important issue.

Contact: Meg Everett, meverett@leadingageny.org, 518-867-8871