On March 20, 2026, the New York State Department of Health (DOH) issued updated guidance addressing Criminal History Record Check (CHRC) requirements for healthcare providers (the Guidance ). The guidance reinforces prior directives—particularly those issued in 2020—while placing renewed emphasis on confidentiality, internal controls, and procedural compliance.
Last week, the New York State Department of Health (“DOH”) issued updated guidance regarding its wage parity requirements, including revised reporting deadlines, audit options, and certification procedures for home care providers and managed care organizations.
New Proposed Regulation
For the third time in five years, the Wage and Hour Division of the U.S. Department of Labor has proposed new regulations addressing how to determine whether a worker should be classified as an independent contractor or an employee.
Background on the New Rule
On February 26, 2026, the National Labor Relations Board issued a final rule that rescinds its 2023 joint employer regulation and restores the joint employer standard established in 2020.
In practice, the rule largely preserves the legal status quo. The 2023 regulation never became operative because it was invalidated by a federal district court before it could take effect. As a result, the 2020 rule has remained the operative framework during that time.
Overview of the Amendments
New York City employers have received additional clarification regarding amendments to the Earned Safe and Sick Time Act (ESSTA), including a new requirement that employees receive a separate bank of 32 hours of unpaid sick and safe leave, which took effect on February 22, 2026.
New York State has enacted the New York Secure Choice Savings Program, a state-facilitated retirement savings program designed to expand access to retirement savings for private-sector employees who do not currently have a workplace retirement plan. The program requires certain employers to automatically enroll employees into a Roth IRA payroll-deduction savings program unless the employer offers a qualifying retirement plan of its own.
The New York State Department of Health (DOH) released two significant guidance documents on August 1, 2025, impacting plans and members in the Consumer Directed Personal Assistance Program (CDPAP).
The New York State Office of the Medicaid Inspector General (OMIG) has issued its revised audit protocols for the Nursing Home Transition and Diversion (NHTD) Medicaid Waiver program. The updated protocols will apply to services provided between January 1, 2013, and June 2, 2025.
New York City has officially expanded its Earned Sick and Safe Time Act (ESSTA) to include mandatory paid prenatal leave – bringing the law in line with recent statewide developments. As of this month, all NYC employers must offer up to 20 hours of paid prenatal leave per year to eligible employees, in addition to existing sick and safe leave entitlements.
On May 9, 2025, Governor Kathy Hochul signed into law New York State’s FY 2025–2026 budget. The final budget totals $254.3 billion, making it the largest in state history and representing a $17 billion increase from the previous fiscal year. The budget includes substantial investments in Medicaid, healthcare workforce initiatives, and maternal health programs. Here, we summarize the main provisions of the Budget related to home care.