The New York State Department of Health (DOH) recently issued important guidance regarding Home Care Worker Wage Parity reporting obligations for Licensed Home Care Services Agencies (LHCSAs), Fiscal Intermediaries (FIs), Certified Home Health Agencies (CHHAs), and Medicaid Managed Care Organizations (MMCOs).
After months of delays and negotiations, New York State has finalized its budget. While many anticipated significant changes to the home care industry, the final budget leaves several major initiatives untouched, postpones action on others, and creates ongoing uncertainty in key reimbursement areas.
The New York Department of Health (“DOH”) has released updated guidance concerning the wage parity LS300 and LS301 submission and certification requirements. This guidance follows the DOH’s March 9, 2026 guidance that had revived the wage parity accountability measures that had been passed into law in April 2020.
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).