2023 New York Laws › PBH - Public Health › Article 36 - Home Care Services › 3614-F - Home Care Minimum Wage Increase.

§  3614-f.  Home  care  minimum wage increase. 1. Definitions. For the
purpose of this section:
(a) "Home care aide" shall have the same meaning as defined in section
thirty-six hundred fourteen-c of this article.
(b) "Home care worker  wage  adjustment"  shall  mean  a  supplemental
amount  of wages equal to the rate of change in the average of the three
most recent consecutive twelve month periods between the first of August
and the thirty-first of July, each over  their  preceding  twelve  month
periods   published   by   the   United   States   department  of  labor
non-seasonally adjusted consumer price index for northeast region  urban
wage  earners  and  clerical  workers  (CPI-W) or any successor index as
calculated by the United States department of labor.
(c) "Downstate" shall mean all counties within New York city  and  the
counties of Nassau, Suffolk and Westchester.
(d)  "Remainder  of state" shall mean all counties in the state of New
York other than the counties in downstate.
2. (a) Beginning October first, two thousand twenty-two,  in  addition
to  the  otherwise  applicable  minimum  wage  under section six hundred
fifty-two of the labor law, or any otherwise  applicable  wage  rule  or
order  under  article  nineteen of the labor law, the minimum wage for a
home care aide shall be increased by an amount of two dollars  and  zero
cents.
(b)  for  the  period  January first, two thousand twenty-four through
December thirty-first, two thousand twenty-four, the minimum wage for  a
home care aide shall be as follows:
(i) for each hour worked in downstate, eighteen dollars and fifty-five
cents; and
(ii) for each hour worked in remainder of state, seventeen dollars and
fifty-five cents;
(c)  for  the  period  January first, two thousand twenty-five through
December thirty-first, two thousand twenty-five, the minimum wage for  a
home care aide shall be as follows:
(i) for each hour worked in downstate, nineteen dollars and ten cents;
and
(ii)  for each hour worked in remainder of state, eighteen dollars and
ten cents;
(d) for the period January  first,  two  thousand  twenty-six  through
December  thirty-first,  two thousand twenty-six, the minimum wage for a
home care aide shall be as follows:
(i) for each hour worked in downstate, nineteen dollars and sixty-five
cents; and
(ii) for each hour worked in remainder of state, eighteen dollars  and
sixty-five cents;
(e)  beginning  January  first,  two  thousand  twenty-seven, and each
January first thereafter, the minimum wage for a home care aide shall be
the sum of the minimum wage for a home care aide from the prior calendar
year and the home care worker wage adjustment.
(f) (i) Notwithstanding any provision of law to the  contrary,  in  no
event  shall  the  minimum wage for a home care aide in downstate exceed
the sum of the wage  set  by  the  commissioner  of  labor  pursuant  to
paragraph  (a)  of subdivision one-b of section six hundred fifty-two of
the labor law plus three dollars and zero cents.
(ii) Notwithstanding any provision of law to the contrary, in no event
shall the minimum wage for a home care aide in remainder of state exceed
the sum of the wage  set  by  the  commissioner  of  labor  pursuant  to
paragraph  (b)  of subdivision one-b of section six hundred fifty-two of
the labor law plus three dollars and zero cents.
3. Where any home care aide is paid less than required by  subdivision
two  of  this  section, the home care aide, or the commissioner of labor
acting on behalf of the home care aide, may bring a civil  action  under
article  six  or nineteen of the labor law; provided that this shall not
preclude  the  commissioner  of  labor from taking direct administrative
enforcement action under article six of the labor law.
4. (a) The department is authorized to address,  to  any  provider  of
medical  assistance  program  items  and services that is an employer of
home care aides, or officers thereof, any inquiry  in  relation  to  its
contracts, employment or other relationship, and wages, compensation and
other   benefits   paid  to  home  care  aides,  including  individually
identifiable data  and  payroll  reports.  Every  entity  or  person  so
addressed   shall   reply  in  writing  to  such  inquiry  promptly  and
truthfully, and such reply shall be,  if  required  by  the  department,
signed  by  such  individual,  or  by  such  officer  or  officers  of a
corporation, as the department shall designate, and affirmed by them  as
true  under  penalty  of perjury. In the event any entity or person does
not provide a good faith response to  an  inquiry  from  the  department
pursuant  to  this  section  within  a  time  period  specified  by  the
department of not less than fifteen business days, such entity or person
shall be subject  to  civil  penalties  under  section  twelve  of  this
chapter.  Each  day after the deadline established by the department for
reply until such time that the provider submits a  good  faith  response
shall  be  considered a separate and subsequent violation. In accordance
with the process outlined in this paragraph, employers shall provide any
documents or materials in the employer's possession, custody, or control
that are requested by the department as needed to support or verify  the
employer's reply.
(b) Any reports or other information furnished to the department under
this  subdivision shall be deemed a confidential communication and shall
not be subject to inspection or  disclosure  in  any  manner,  including
article  six  of  the  public  officers law or department regulations in
conformance therewith, except as provided in this section, pursuant to a
judicial subpoena issued in a pending  action  or  proceeding,  or  upon
formal  written  request  by  the  department  of  labor,  the office of
attorney general, or a duly authorized public agency.
(c) The department shall no less than annually provide a report to the
governor, temporary president of the senate, and speaker of the assembly
summarizing the  information  obtained  by  the  department  under  this
subdivision.  Such  report  shall  not contain individually identifiable
data.