LeadingAge NY Continues to Advocate on FLSA Issues
LeadingAge New York continues to advocate for a quick and administratively simple process for distributing the initial state funding to providers to cover the costs associated with compliance with the Fair Labor Standards Act (FLSA).
There are several updates on the guidance document, Frequently Asked Questions (FAQs) and the draft FLSA survey. The draft survey should be finalized shortly after the travel section is finalized.
Frequently Asked Questions (FAQs) - LeadingAge NY was asked by the Department of Health (DOH) to comment on the draft FAQ document. We submitted comments and suggestions on the methodology for allocating funds from plans to providers; clarity on the time period and the purpose of the funds; clarity on who is responsible to track the use of the funds; and clarity on when a Certified Home Health Agency (CHHA) contracts with a Licensed Home Care Services Agency (LHCSA); it is the LHCSA who is responsible for the use of the funds to ensure FLSA compliance. We will notify members as soon as the FAQs are posted.
Survey - Last week, LeadingAge NY along with other stakeholders, DOH staff and their actuary, Mercer, continued the discussion on changes to the Fair Labor Standards Act (FLSA) draft survey. This is a follow-up to the suggested changes we had submitted on the cover letter and survey on Feb. 23rd. As we have previously reported, this survey will gauge a truer estimated cost of FLSA compliance. There is agreement among the stakeholders that the survey should only collect the most pertinent information in the most efficient manner. A couple outstanding issues remain: release date, time period covered, whether it will be distributed through the Health Commerce System, and what will be included in the new attestation forms.
We will keep members posted on developments.
Contact: Cheryl Udell, cudell@leadingageny.org, 518-867-8871