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Several Updates and Reminders on the Fair Labor Standards Act (FLSA)

FLSA Alert Issued Last Week

Last week, the Department of Health (DOH) sent an alert to all plans as a reminder that FLSA attestations and funding methodologies are due back to DOH immediately. In the alert, it stated that payment to the plans was dispersed on March 2, 2016 and plans are expected to employ a reasonable methodology when distributing funds to their network providers to cover overtime, travel, and other requirements. Included in the alert was the link to DOH’s website on FLSA.

Attestations Due by April 1st

This is a reminder to submit your attestations to DOH, they were due on April 1st.   Initially there was another process for submitting the attestations however, to streamline efforts, all the attestations are to be sent to the DOH. The attestations can be found here.

Attestations should be transmitted electronically to FLSA@health.ny.gov.

FLSA Payments Distributed by April 8th

Managed Long Term Care plans were required to comply with distributing all the funds they received to providers as soon as possible, but no later than April 8th.  The monies that the plans received was for the time period of October 13, 2015 to March 31, 2016.  

FLSA Survey

LeadingAge New York met again with DOH staff, Mercer and other stakeholders to provide additional input on completing the FLSA survey. As we have previously reported this survey will try to gauge the FLSA costs after March 31, 2016. DOH stated the final survey should be posted within the next eight weeks. We requested, given the complexity of the survey questions, DOH and Mercer conduct a recorded webinar for home care providers. It may be easier to answer the survey questions when you have a better understanding of the logic behind the question and how the answers will influence the rates.

Thank you to the members that provided feedback on the latest draft survey.

Contact: Cheryl Udell, cudell@leadingageny.org, 518-867-8871