New York Department of Health Sets New Due Dates for Submission of Home Care Worker Wage Parity Compliance Certifications and Statements

On September 21, 2023, the New York Department of Health (DOH) issued guidance addressing the due dates for Medicaid Managed Care Organizations (MMCOs), Certified Home Health Agencies (CHHAs), Licensed Home Care Services Agencies (LHCSAs), and Fiscal Intermediaries (FIs) to submit various Home Care Worker Wage Parity Law (WPL) compliance certifications and statements. As covered previously, the compliance requirements, which were passed as part of New York State’s 2020-2021 budget bill, require covered providers annually to: (1) certify compliance with the WPL; (2) disclose the number of wage parity hours worked and total expenses; and (3) retain independent auditors to verify reported wage parity hours worked and expenses.

Covered entities must file the 2023 Annual Certification of Compliance with Home Care Worker Wage Parity via the eMedNY Provider Portal by December 1, 2023. LHCSAs and FIs must submit a completed Annual Compliance Statement of Wage Parity, Hours and Expenses (Form LS300) to each MMCO and CHHA it contracted with to provide home health aide services in calendar year 2022 by December 31, 2023. The DOH has stated the deadline for submission of the Annual Compliance Statement of Wage Parity, Hours and Expenses for calendar year 2023 will be issued in 2024.

The DOH also stated that the due dates to submit the Independent Auditors Statement Verifying Employer’s Wage Parity Hours and Expenses (Form LS301) for calendar years 2021 and 2022 are forthcoming.

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