As most employers were preparing to leave town for the holidays, New York Attorney General’s Office issued a new batch of wage parity subpoenas to licensed home care and fiscal intermediary providers in the downstate area. What is perhaps most notable is that the Attorney General had only recently withdrawn from the Governor’s race, citing other “important” projects and initiatives that she would need to complete as the Attorney General. It will be interesting to see whether Ms. James’s withdrawal from the race will expedite the conclusion of longstanding wage parity investigations at her office, and whether her office will make any changes in how it proceeds with the investigations of providers’ wage parity compliance.

In other noteworthy wage parity news, New York’s association of CPAs is noting difficulties with the wage parity certifications that will be required of all fiscal intermediary and LHCSA providers starting in June, 2022. Providers will recall that they will be required to utilize an “independent” financial auditor to certify to the providers’ compliance with wage parity spending requirements. The association is contacting the State to report that CPAs cannot certify results in the manner being contemplated by the guidance issued by New York State. We are monitoring this situation and will advise of any changes to the wage parity certification process.

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