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FLSA Directive and Attestations

The Department of Health (DOH) just posted a notice on distributing the Fair Labor Standards Act (FLSA) funding along with numerous attestations. Per the notice, “Mainstream Managed Care (MCOs), Managed Long Term Care Organizations (MLTCPs) and Home Health Care (HHC) agencies operating within and serving the State of New York are required to comply with the following directive. For the purposes of this communication, a provider is identified as the following: Licensed Home Care Services Agencies (LHCSA), Certified Home Health Agencies (CHHA), Long Term Home Health Care Program (LTHHCP), and Fiscal Intermediaries (FI) for both Managed Care and Fee-for-Service.”

DOH stated that to support plans and providers in complying with the FLSA, they included FLSA funding in State Fiscal Year 2016-2017 Managed Long Term Care (MLTC) premium rates for the purposes of increasing the total per hour wage paid to home care workers. For fee-for-service (FFS) providers, the per hour amount will be factored into rate adjustments, retroactive to Oct. 13, 2015.

The notice includes direction on assuring compliance with the requirements. DOH requires that both plans and providers sign and submit the attached attestations by May 5, 2017. All MCOs and providers are required to submit an attestation directly to the Department. Additionally, all providers are strongly encouraged to send their attestations to the MCOs with whom they have signed contracts or signed agreements. The submitted attestation confirms that funds received were disbursed in compliance with the directives outlined in the notice.

Please note:

Plans are directed to distribute and obtain all signed attestations from their contracted providers and retain them for their records.

All FFS providers should return signed attestations directly to DOH at the following address: FLSA@health.ny.gov.

The attestations are as follows:

More information on FLSA can be found here.

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