DOH Clarifies Wage Parity Form, Certification Requirements

Situation Report | January 25, 2021  

The state Department of Health (DOH) has provided information to HCA about upcoming changes in the new forms that are required under the state’s Wage Parity Law.  

This law applies to agencies that provide Medicaid-covered aide services in New York City, Long Island and Westchester. The Wage Parity Law and related requirements do not apply to areas outside of New York City, Long Island and Westchester. 

The final 2020-21 state budget included many provisions that affect wage parity, including new requirements for certifications; enforcement provisions; monitoring and reporting; annual compliance and independent auditor statements; and provisions for where funds not used to satisfy wage parity can go.  

According to DOH:  

  • The new Employer’s Annual Compliance of Wage Parity Hours and Expenses (LS 300) and the Independent Auditor’s Statement Verifying Wage Parity Hours and Expenses (LS301) forms for Licensed Home Care Services Agencies (LHCSAs) and Fiscal Intermediaries (FIs) will be due by June 1, 2022 for calendar year 2021. These are submitted to Managed Care Organizations (MCOs) and Certified Home Health Agencies (CHHAs)/Long Term Home Health Care Programs (LTHHCPs) with which the LHCSA or FI is contracted. These forms can be downloaded here, along with the Notice and Acknowledgement of Pay Rate and Payday and Wage Statement (pay stub).  
  • DOH is developing a new annual certification form for MCOs, CHHAs/LTHHCPs, LHCSAs and FIs that will be posted sometime in the first quarter of 2021 (January 1 to March 31) and will be due back to DOH by June 1, 2021.
  • LHCSAs and FIs should still submit the existing quarterly certification forms to their contracted MCOs and CHHAs/LTHHCPs for the period March 1 to May 31, 2021 by March 1, 2021. These forms are here

HCA will inform members when DOH posts the new certification form and any guidance.