Home Care Worker Wage Parity Law Attestations
(Revised May 16, 2014)

Date Issued: 5/29/2014

The Home Care Worker Wage Parity Law (PHL §3614-c ) establishes a minimum wage requirement for home care aides who perform Medicaid-reimbursed work (including partial payment for dual-eligible Medicaid and Medicare plans) for certified home health agencies (CHHAs), long term home health care programs (LTHHCPs), licensed home care service agencies (LHCSAs), limited licensed home care service agencies (LLHCSAs) and other organizations that employ home care aides in New York City or Nassau, Suffolk or Westchester counties. This law is in effect in New York City for services provided on or after March 1, 2012 and in Nassau, Suffolk and Westchester counties for services provided on or after March 1, 2013.

Licensed Home Care Services Agencies (LHCSAs)
Contracted LHCSAs providing home care services to EmblemHealth Medicaid, Partial Capitated Managed Long-term Care (MLTC), and/or Medicaid Advantage Plan (MAP) MLTC members in New York City, Nassau, Suffolk and/or Westchester counties are required to provide EmblemHealth with quarterly written certifications of their organization’s compliance with the minimum wage requirements of the Home Care Worker Wage Parity law.

Certified Home Health Agencies (CHHAs)
Contracted CHHAs providing home care services to EmblemHealth Medicaid, Partial Capitated MLTC, and/or MAP MLTC members in New York City, Nassau, Suffolk and/or Westchester counties are required to provide EmblemHealth with annual written certifications of their organization’s or hospital’s compliance with the minimum wage requirements of the Home Care Worker Parity law.

Note: Entities that are or have a CHHA or LTHHCP which contracts with LHCSAs or other third parties are required to submit an annual certification to the New York State Department of Health (NYSDOH) and obtain a quarterly written certification, from the contracted entities, attesting that those contracted entities are also in compliance with this provision.

Submitting Your Certifications to EmblemHealth

Quarterly certifications are due to EmblemHealth on March 1, June 1, September 1 and December 1 of each year. Please fax the certification to EmblemHealth’s Provider Network Operations department at 1-212-510-5330.

Annual certifications are due to NYSDOH by March 1 of each year.

Consequences of Noncompliance

Failure to provide EmblemHealth with these certifications may result in termination of our agreement with your organization or hospital.

Required Record Keeping

All providers must maintain records of compliance for at least 10 years. These records must be made available to the NYSDOH upon request. If you have any questions about complying with this request, please contact your EmblemHealth provider representative.

More Information

For more information about the Home Care Worker Wage Parity provision and its implementation, please send an e-mail to homecare@health.state.ny.us with “Home Care Worker Parity” in the subject line.