As previously discussed, in Engesser v. McDonald, a class of Medicaid beneficiaries who receive personal care and home care services through New York’s CDPA Program (Consumers), and two independent living centers...more
As previously reported, in April 2024, New York’s Social Services Law was amended to include a substantial change to the state’s Consumer Directed Personal Assistance Program (CDPA Program), a Medicaid-funded program allowing...more
4/1/2025
/ Constitutional Challenges ,
Due Process ,
Government Agencies ,
Health Insurance ,
Healthcare ,
Judicial Authority ,
Medicaid ,
New York ,
Personal Assistants ,
Preliminary Injunctions ,
State and Local Government
On March 20, 2025, a New York Supreme Court Justice in Albany County issued a decision and order declaring the New York State Department of Health (NY DOH)’s August 2024 implementation of an administrative rate reimbursement...more
3/24/2025
/ Administrative Procedure Act ,
Appeals ,
Constitutional Challenges ,
Health Care Providers ,
Healthcare ,
Home Health Care ,
Medicaid ,
New York ,
Personal Assistants ,
Regulation ,
Regulatory Requirements ,
Rulemaking Process ,
State and Local Government ,
State Constitutions
Earlier this week, New York State and Public Partnerships LLC (PPL), the entity selected to become the Statewide Fiscal Intermediary (SFI) as of April 1, 2025, suffered another roadblock in their efforts to transition New...more
New York’s vast home care industry and those who rely on their services breathed a sigh of relief on March 26, 2019, when the New York Court of Appeals gave providers the green light to continue to pay home care aides for 13...more
3/28/2019
/ Appeals ,
Department of Labor (DOL) ,
Domestic Workers ,
Employer Liability Issues ,
Health Care Providers ,
Healthcare ,
Home Health Agencies ,
Home Health Care ,
Home Healthcare Workers ,
Regulatory Requirements ,
Rest and Meal Break ,
State and Local Government ,
State Labor Laws ,
Wage and Hour ,
Work Schedules
The day most anxiously anticipated (or dreaded) by the vast home care industry in New York has arrived, and a huge sigh of relief from home care agencies and New Yorkers who rely on their services can be heard across the...more
3/27/2019
/ Appeals ,
Department of Labor (DOL) ,
Domestic Workers ,
Employer Liability Issues ,
Health Care Providers ,
Healthcare ,
Home Health Agencies ,
Home Health Care ,
Home Healthcare Workers ,
Regulatory Requirements ,
Rest and Meal Break ,
State and Local Government ,
State Labor Laws ,
Wage and Hour ,
Work Schedules
The New York home care industry has faced collapse since a series of New York Appellate Division decisions invalidated New York Department of Labor (NY DOL) policy and held that home care attendants working 24-hour shifts who...more
2/14/2019
/ Appeals ,
Employer Liability Issues ,
Employment Litigation ,
Home Healthcare Workers ,
Labor Law Violations ,
NYDOL ,
Regulatory Oversight ,
Regulatory Standards ,
Rest and Meal Break ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
The home health care industry suffered a major setback on September 26, 2018, when the New York Supreme Court, New York County, ruled that the New York State Department of Labor's (NYDOL) emergency rulemaking amendment to the...more
10/1/2018
/ Court Nullification ,
Department of Labor (DOL) ,
Domestic Workers ,
Employer Liability Issues ,
Health Care Providers ,
Home Health Agencies ,
Home Health Care ,
Home Healthcare Workers ,
Regulatory Requirements ,
Rest and Meal Break ,
State and Local Government ,
State Labor Laws ,
Wage and Hour ,
Work Schedules
The home care industry has faced collapse since a series of New York Appellate Division decisions invalidated New York Department of Labor (NY DOL) policy and held that home care attendants working 24-hour shifts who are...more
3/9/2018
/ Appeals ,
Domestic Workers ,
Employer Liability Issues ,
Health Care Providers ,
Home Health Agencies ,
Home Health Care ,
Home Healthcare Workers ,
Minimum Wage ,
Rest and Meal Break ,
State and Local Government ,
Wage and Hour ,
Work Schedules
A recent federal court decision has added to the confusion surrounding the application of the U.S. Department of Labor's (DOL) "home care" overtime rule and New York's "13-hour" rule regarding compensable work hours for...more
12/22/2017
/ Department of Labor (DOL) ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Health Care Providers ,
Home Health Agencies ,
Home Health Care ,
Home Healthcare Workers ,
Rest and Meal Break ,
State and Local Government ,
Wage and Hour ,
Work Schedules