FOR IMMEDIATE RELEASE: 10/9/17
Contact: Kristin Salvi
New York State Association of Health Care Providers (HCP) issues statement in response to emergency regulations released by the New York State Department of Labor on 24 hour live-in cases:
“Last night the New York State Department of Labor released an emergency regulation affirming its longstanding guidance concerning payment for home care workers who provide 24 hour live-in care. The emergency regulation upholds the State’s position that home care workers should be paid for 13 hours of a 24-hour lift-in shift, provided allowance is made for sleep and meal time,” said HCP President Claudia Hammar. “While we appreciate that the State issued this guidance, HCP and the home care industry need the State to take immediate steps to ensure that home care providers that have followed previous State Labor 24 hour live-in payment guidance in good faith will not be held liable for six years of retroactive payments. These retroactive payments will bankrupt a significant number of home care agencies, jeopardizing essential care for New York’s most vulnerable populations.”
The new emergency regulation came as a result of recent New York State Supreme Court rulings on 24 hour live-in cases in Tokhtaman v. Human Care, Andryeyeva v. New York Health Care, and Moreno v. Future Care Health Services, Inc. These rulings have left providers that have followed State Department of Labor guidance in legal limbo and facing potential bankruptcy due to millions of dollars in retroactive payments. HCP will continue to provide support to home care providers and press for further government intervention to protect New York’s most vulnerable citizens. “This is an issue that not only effects the delivery of essential home care services for thousands of New Yorkers, but it also puts New York small businesses at risk”, said Hammar.
To read the New York State Department of Labor emergency regulations, click here.
For questions or comments please contact Kristin Salvi, 518.331.1881, firstname.lastname@example.org.
HCP is a statewide trade association representing the full spectrum of home and community-based providers. Through a strong network of regional chapters and an active State office in Albany, HCP is a primary authority of the health care industry.