Uptick in Activity Relating to 24-Hour Home Care Policy Issues

Last week, State legislators held media events supporting a bill introduced late in the legislative session, A.8064-A (Epstein)/S.6604 (Persaud), which would limit the number of hours a home care aide could be required to work to no more than 12 hours in a day and no more than 50 hours in a week. The bill would require that hours in excess of these thresholds be voluntary, with the exception of a two-hour grace period in situations where the arrival of a replacing aide is delayed. Members of the Legislature are hoping to gain some traction on the bill during the upcoming legislative session. This is an issue of growing concern in light of the recent State Court of Appeals decision on the "13-hour" rule.

While we are supportive of improving worker wages and benefits and making sure that providers compensate aides for hours worked, especially during 24-hour shifts of care, LeadingAge NY is opposed to the bill, as it would result in multi-billion dollar increases in Medicaid costs for home care. Under current guidance, reimbursement for continuous 24 hour care is limited to high acuity cases. This bill would likely result in many patients not being eligible for care, leaving patients with no care at all or subpar care provided on the gray market.

Please contact Meg Everett to offer your feedback and concerns on this issue so that we can communicate our concerns and policy recommendations to State decisionmakers. LeadingAge NY will keep you abreast of any movement of the bill.

In related news, the Office of the New York State Attorney General (OAG) secured $450,000 for home health aides threatened with deportation by their employers who did not pay workers properly under the New York Labor Law, the New York Home Care Worker Wage Parity Act, and the New York Earned Sick Time Act. The investigation revealed that the entity failed to pay aides working 24-hour shifts for every hour they worked and failed to offer legally required paid leave policies. OAG also found that the provider retaliated against certain immigrant workers by threatening to call immigration authorities when these workers complained about unpaid wages. The Court of Appeals case Andryeyeva v. New York Health Care, Inc. also pertained to workers not being compensated for hours worked during sleep and meal times. Those portions of the case were remanded back to the lower courts for resolution. More details on the Andryeyeva case are available here and here.

Again, please offer your thoughts and insights on these issues, and we will keep you informed as matteres move forward.

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