- Summary
- Actions
- Committee Votes
- Floor Votes
- Memo
- Text
A07257 Summary:
BILL NO | A07257B |
  | |
SAME AS | SAME AS S05602-B |
  | |
SPONSOR | Titus |
  | |
COSPNSR | Heastie, Aubry, Hooper, Wright, Farrell, Dinowitz, Peoples-Stokes, Markey, Kavanagh, Abinanti, Sepulveda, Braunstein, DenDekker, Fahy, Gottfried, Jaffee, Mayer, Rosenthal, Cahill, Pichardo, Colton, Morelle, Bronson, Russell, Skartados, Jean-Pierre, Moya, Rodriguez, Walker, Linares, Cancel, Simon |
  | |
MLTSPNSR | Blake, Cook, Crespo, Davila, Gantt, Glick, Kim, Lavine, Lifton, Magnarelli, Mosley, Nolan, Ortiz, Otis, Perry, Pretlow, Ramos, Robinson, Rozic, Schimel, Simotas, Solages, Steck, Thiele, Titone, Weinstein, Weprin |
  | |
Amd §§651 & 652, Lab L; amd §2023-a, Ed L; amd §3-c, Gen Muni L; amd Part H §92 sub 1, Chap 59 of 2011; amd §3614-c, Pub Health L | |
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Relates to the minimum wage. |
A07257 Actions:
BILL NO | A07257B | |||||||||||||||||||||||||||||||||||||||||||||||||
  | ||||||||||||||||||||||||||||||||||||||||||||||||||
04/29/2015 | referred to labor | |||||||||||||||||||||||||||||||||||||||||||||||||
05/04/2015 | reported referred to ways and means | |||||||||||||||||||||||||||||||||||||||||||||||||
05/04/2015 | reported referred to rules | |||||||||||||||||||||||||||||||||||||||||||||||||
05/04/2015 | reported | |||||||||||||||||||||||||||||||||||||||||||||||||
05/04/2015 | rules report cal.36 | |||||||||||||||||||||||||||||||||||||||||||||||||
05/04/2015 | ordered to third reading rules cal.36 | |||||||||||||||||||||||||||||||||||||||||||||||||
05/04/2015 | passed assembly | |||||||||||||||||||||||||||||||||||||||||||||||||
05/04/2015 | delivered to senate | |||||||||||||||||||||||||||||||||||||||||||||||||
05/04/2015 | REFERRED TO LABOR | |||||||||||||||||||||||||||||||||||||||||||||||||
01/06/2016 | DIED IN SENATE | |||||||||||||||||||||||||||||||||||||||||||||||||
01/06/2016 | RETURNED TO ASSEMBLY | |||||||||||||||||||||||||||||||||||||||||||||||||
01/06/2016 | ordered to third reading cal.277 | |||||||||||||||||||||||||||||||||||||||||||||||||
01/26/2016 | amended on third reading (t) 7257a | |||||||||||||||||||||||||||||||||||||||||||||||||
02/25/2016 | amended on third reading (t) 7257b |
A07257 Floor Votes:
Yes
Abbate
No
Corwin
No
Goodell
Yes
Lupardo
Yes
Paulin
Yes
Silver
Yes
Abinanti
ER
Crespo
Yes
Gottfried
No
Lupinacci
ER
Peoples-Stokes
Yes
Simanowitz
Yes
Arroyo
No
Crouch
No
Graf
No
Magee
Yes
Perry
Yes
Simon
Yes
Aubry
No
Curran
Yes
Gunther
Yes
Magnarelli
Yes
Persaud
Yes
Simotas
No
Barclay
Yes
Cusick
No
Hawley
No
Malliotakis
Yes
Pichardo
Yes
Skartados
Yes
Barrett
Yes
Cymbrowitz
Yes
Hevesi
Yes
Markey
Yes
Pretlow
Yes
Skoufis
Yes
Barron
Yes
Davila
Yes
Hikind
Yes
Mayer
Yes
Quart
Yes
Solages
Yes
Benedetto
Yes
DenDekker
Yes
Hooper
Yes
McDonald
No
Ra
No
Stec
Yes
Bichotte
Yes
Dilan
Yes
Jaffee
No
McDonough
No
Raia
Yes
Steck
ER
Blake
Yes
Dinowitz
Yes
Jean-Pierre
No
McKevitt
Yes
Ramos
Yes
Stirpe
No
Blankenbush
No
DiPietro
No
Johns
ER
McLaughlin
Yes
Rivera
No
Tedisco
No
Borelli
No
Duprey
Yes
Joyner
Yes
Miller
Yes
Roberts
No
Tenney
No
Brabenec
Yes
Englebright
Yes
Kaminsky
No
Montesano
Yes
Robinson
Yes
Thiele
Yes
Braunstein
Yes
Fahy
No
Katz
Yes
Morelle
Yes
Rodriguez
Yes
Titone
Yes
Brennan
Yes
Farrell
Yes
Kavanagh
Yes
Mosley
Yes
Rosenthal
Yes
Titus
Yes
Brindisi
No
Finch
Yes
Kearns
Yes
Moya
Yes
Rozic
Yes
Walker
Yes
Bronson
No
Fitzpatrick
Yes
Kim
No
Murray
Yes
Russell
No
Walter
Yes
Brook-Krasny
No
Friend
No
Kolb
No
Nojay
Yes
Ryan
Yes
Weinstein
Yes
Buchwald
Yes
Galef
ER
Lalor
ER
Nolan
No
Saladino
Yes
Weprin
No
Butler
No
Gantt
Yes
Lavine
No
Oaks
Yes
Santabarbara
Yes
Woerner
Yes
Cahill
No
Garbarino
No
Lawrence
Yes
O'Donnell
AB
Scarborough
Yes
Wozniak
Yes
Ceretto
No
Giglio
Yes
Lentol
Yes
Ortiz
Yes
Schimel
Yes
Wright
ER
Clark
Yes
Gjonaj
Yes
Lifton
Yes
Otis
No
Schimminger
Yes
Zebrowski
Yes
Colton
Yes
Glick
Yes
Linares
No
Palmesano
Yes
Seawright
Yes
Mr. Speaker
Yes
Cook
Yes
Goldfeder
No
Lopez
No
Palumbo
ER
Sepulveda
‡ Indicates voting via videoconference
A07257 Memo:
Go to topNEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)   BILL NUMBER: A7257B SPONSOR: Titus (MS)
  TITLE OF BILL: An act to amend the labor law, the education law and the general munici- pal law, in relation to the minimum wage; to amend the public health law, in relation to home care worker wage parity; and to amend part H of chapter 59 of the laws of 2011, amending the public health law and other laws relating to known and projected department of health state fund medicaid expenditures, in relation to medicaid disbursements   SUMMARY OF PROVISIONS: Sections 1 and 2 of the bill would amend § 651 of the Labor Law to require that state and municipal governments and political subdivisions thereof pay their employees the statutory minimum wage. Section 3 of the bill would amend § 652 of the Labor Law to raise the statutory minimum wage to $10.50 in New York City and Nassau, Suffolk, and Westchester counties and $9.75 in the rest of the State on July 1, 2016; to $12.00 in New York City and Nassau, Suffolk, and Westchester counties and $10.75 in the rest of the state on December 31, 2016; to $13.50 in New York City and Nassau, Suffolk, and Westchester counties and $11.75 in the rest of the state on December 31, 2017; to $15.00 in New York City and Nassau, Suffolk, and Westchester counties and $12.75 in the rest of the state on December 31, 2018; to $13.75 in in the rest of the state on December 31, 2019; to $14.50 in the rest of the state by December 31, 2020; and to $15.00 in the rest of the state by December 31, 2021. On and after December 31, 2018 in New York City and Nassau, Suffolk and Westchester counties and December 31, 2021 in the rest of the state the minimum wage would be indexed to the rate of inflation. Section 2 would also provide that the lower minimum wage set for upstate New York would apply to the entire state for purposes of eligibility for unemployment. Sections 4 and 5 of the bill would exempt any minimum wage increase attributable to § 652 of the labor law from the calculation of real property tax caps for schools and municipalities. Section 6 of the bill would exempt any minimum wage increases attribut- able to § 652 of the labor law from the global cap on Medicaid. Section 7 of the bill would provide that the cash portion of the wage for home health aides in New York City, Nassau, Suffolk, and Westchester must be increased in response to a minimum wage increase. Section 8 of the bill would require that any increase attributable to the increase in the minimum wage be excluded from the calculation of any policy of the state regarding spending limitations in the enacted budget relating to the state's financial plans and capital improvement program. It would also require that programs or services, including those provided through not-for-profits, funded by New York State through certain enumerated agencies be adjusted to reflect the increase in labor costs related to the minimum wage. Section 9 is a severability provision. Section 10 is the effective date.   JUSTIFICATION: When Congress enacted the Fair Labor Standards Act in 1938 and prescribed a minimum wage, it was intended to ensure that low-wage work- ers would earn, at the very least, a liveable wage. Over the years, data has shown that the federal government's actions to preserve this stand- ard against the erosive power of inflation have fallen decades behind. If the 1968 minimum wage of $1.50 had been indexed to inflation, it would have the purchasing power of over $12.00 today. While the recent increase to the minimum wage to $9.00 is a start, more can be done to help families meet the rising costs of food and shelter, health care, transportation, child care and other necessities. This bill ensures that the state's minimum wage will keep pace with inflation and also recognizes that the state is diverse, with the cost of living varying by region. Providing for a higher minimum wage in areas of the state with a higher cost of living will enable residents in all regions of the State to make a livable wage that is commensurate with their needs. Health care workers and other human services providers cannot be left behind. To ensure that there are sufficient resources available for the Medicaid program to support these wage increases without impacting services, the bill would exempt any costs attributable to the increase in the minimum wage from the annual global growth cap on the State's share of Department of Health Medicaid expenditures. Additionally, there are many vital human services functions performed by not-for-pro- fit organizations that contract with the State. In order for such non- profits to continue to provide high-quality services, the Assembly anticipates that the wage increases under the bill will be funded in the Enacted Budget. Finally, an exclusion from the real property tax cap and any State spending limitation of any expenditures attributable to the increase in the minimum wage would enable school districts, munici- palities, and the State to effectively address any cost increases and ensure the provision of necessary educational, community, and human services.   LEGISLATIVE HISTORY: New legislation.   FISCAL IMPLICATIONS: None to the State.   EFFECTIVE DATE: This act would take effect immediately.
A07257 Text:
Go to top STATE OF NEW YORK ________________________________________________________________________ 7257--B Cal. No. 277 2015-2016 Regular Sessions IN ASSEMBLY April 29, 2015 ___________ Introduced by M. of A. TITUS, HEASTIE, AUBRY, HOOPER, WRIGHT, FARRELL, DINOWITZ, PEOPLES-STOKES, MARKEY, KAVANAGH, ABINANTI, SEPULVEDA, BRAUNSTEIN, CLARK, DenDEKKER, FAHY, GOTTFRIED, JAFFEE, MAYER, ROSEN- THAL, CAHILL, PICHARDO, COLTON, MORELLE, BRONSON, RUSSELL, SKARTADOS, JEAN-PIERRE, KAMINSKY, MOYA, RODRIGUEZ, WALKER, LINARES -- Multi-Spon- sored by -- M. of A. BLAKE, COOK, CRESPO, DAVILA, GANTT, GLICK, KIM, LAVINE, LIFTON, MAGNARELLI, MOSLEY, NOLAN, ORTIZ, OTIS, PERRY, PRET- LOW, RAMOS, ROBINSON, ROZIC, SCHIMEL, SIMOTAS, SOLAGES, STECK, THIELE, TITONE, WEINSTEIN, WEPRIN -- read once and referred to the Committee on Labor -- advanced to a third reading, amended and ordered reprinted, retaining its place on the order of third reading -- again amended on third reading, ordered reprinted, retaining its place on the order of third reading AN ACT to amend the labor law, the education law and the general munici- pal law, in relation to the minimum wage; to amend the public health law, in relation to home care worker wage parity; and to amend part H of chapter 59 of the laws of 2011, amending the public health law and other laws relating to known and projected department of health state fund medicaid expenditures, in relation to medicaid disbursements The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraph (n) of subdivision 5 of section 651 of the labor 2 law, as amended by chapter 481 of the laws of 2010, is amended to read 3 as follows: 4 (n) by [a] the federal[, state or municipal] government or political 5 subdivision thereof. The exclusions from the term "employee" contained 6 in this subdivision shall be as defined by regulations of the commis- 7 sioner; or 8 § 2. Subdivision 6 of section 651 of the labor law, as amended by 9 chapter 281 of the laws of 2002, is amended to read as follows: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD10738-05-6A. 7257--B 2 1 6. "Employer" includes any individual, partnership, association, 2 corporation, limited liability company, business trust, legal represen- 3 tative, state or municipal government or political subdivision thereof, 4 or any organized group of persons acting as employer. 5 § 3. Subdivision 1 of section 652 of the labor law, as amended by 6 section 1 of part P of chapter 57 of the laws of 2013 is amended to read 7 as follows: 8 1. Statutory. (a) Every employer shall pay to each of its employees 9 for each hour worked a wage of not less than: 10 $4.25 on and after April 1, 1991, 11 $5.15 on and after March 31, 2000, 12 $6.00 on and after January 1, 2005, 13 $6.75 on and after January 1, 2006, 14 $7.15 on and after January 1, 2007, 15 $8.00 on and after December 31, 2013, 16 $8.75 on and after December 31, 2014, 17 $9.00 on and after December 31, 2015, or, if greater, such other wage 18 as may be established by federal law pursuant to 29 U.S.C. section 206 19 or its successors 20 or such other wage as may be established in accordance with the 21 provisions of this article. 22 (b) Employers in all areas of the state not covered by paragraph (c) 23 of this subdivision shall pay to each of its employees for each hour 24 worked a wage of not less than: 25 $9.75 on and after July 1, 2016, 26 $10.75 on and after December 31, 2016, 27 $11.75 on and after December 31, 2017, 28 $12.75 on and after December 31, 2018, 29 $13.75 on and after December 31, 2019, 30 $14.50 on and after December 31, 2020, and 31 $15.00, and on and after December 31, 2021 and on each following 32 December thirty-first, the commissioner shall calculate and establish an 33 adjusted minimum wage rate by increasing the then current minimum wage 34 rate by the rate of inflation for the most recent twelve month period 35 available prior to each December thirty-first using the consumer price 36 index-all urban consumers, CPI-U, or a successor index as calculated by 37 the United States Department of Labor, if such rate of inflation is 38 greater than zero percent, or, if greater, such other wage as may be 39 established by federal law pursuant to 29 U.S.C. section 206 or its 40 successors or such other wage as may be established in accordance with 41 the provisions of this article. 42 (c) Employers in a city with a population in excess of one million and 43 in counties with a population of nine hundred thousand or more that fall 44 within the metropolitan commuter transportation district as defined in 45 section twelve hundred sixty-two of the public authorities law, shall 46 pay to each of its employees for each hour worked a wage of not less 47 than: 48 $10.50 on and after July 1, 2016, 49 $12.00 on and after December 31, 2016, 50 $13.50 on and after December 31, 2017, and 51 $15.00 on and after December 31, 2018 and on each following December 52 thirty-first, the commissioner shall calculate and establish an adjusted 53 minimum wage rate by increasing the then current minimum wage rate by 54 the rate of inflation for the most recent twelve month period available 55 prior to each December thirty-first using the consumer price index-all 56 urban consumers, CPI-U, or a successor index as calculated by the UnitedA. 7257--B 3 1 States Department of Labor, if such rate of inflation is greater than 2 zero percent, or, if greater, such other wage as may be established by 3 federal law pursuant to 29 U.S.C. section 206 or its successors or such 4 other wage as may be established in accordance with the provisions of 5 this article. 6 (d) The rates and schedule established in subdivision (c) of this 7 section shall not be deemed to be the minimum wage for purposes of the 8 calculations specified in subdivisions one and two of section five 9 hundred twenty-seven of this chapter. 10 § 4. Paragraph a of subdivision 3 of section 2023-a of the education 11 law is amended by adding a new subparagraph 3-a to read as follows: 12 (3-a) Add any increase attributable to increases in minimum wage 13 pursuant to section six hundred fifty-two of the labor law. 14 § 5. Paragraph (c) of subdivision 3 of section 3-c of the general 15 municipal law, as added by section 1 of part A of chapter 97 of the laws 16 of 2011, is amended to read as follows: 17 (c) Each local government shall calculate the tax levy limit applica- 18 ble to the coming fiscal year which shall be determined as follows: 19 (i) Ascertain the total amount of taxes levied for the prior fiscal 20 year. 21 (ii) Multiply the result by the tax base growth factor, calculated 22 pursuant to paragraph (b) of this subdivision, if any. 23 (iii) Add any payments in lieu of taxes that were receivable in the 24 prior fiscal year. 25 (iv) Add any increases attributable to increases in minimum wage 26 pursuant to section six hundred fifty-two of the labor law. 27 (v) Subtract the tax levy necessary to support expenditures pursuant 28 to subparagraph (i) of paragraph (g) of subdivision two of this section 29 for the prior fiscal year, if any. 30 [(v)] (vi) Multiply the result by the allowable levy growth factor. 31 [(vi)] (vii) Subtract any payments in lieu of taxes receivable in the 32 coming fiscal year. 33 [(vii)] (viii) Add the available carryover, if any. 34 § 6. Subdivision 1 of section 92 of part H of chapter 59 of the laws 35 of 2011, amending the public health law and other laws relating to known 36 and projected department of health state fund medicaid expenditures, as 37 amended by section 8 of part B of chapter 57 of the laws of 2015, is 38 amended to read as follows: 39 1. For state fiscal years 2011-12 through 2016-17, the director of the 40 budget, in consultation with the commissioner of health referenced as 41 "commissioner" for purposes of this section, shall assess on a monthly 42 basis, as reflected in monthly reports pursuant to subdivision five of 43 this section known and projected department of health state funds medi- 44 caid expenditures by category of service and by geographic regions, as 45 defined by the commissioner, and if the director of the budget deter- 46 mines that such expenditures are expected to cause medicaid disburse- 47 ments for such period to exceed the projected department of health medi- 48 caid state funds disbursements in the enacted budget financial plan 49 pursuant to subdivision 3 of section 23 of the state finance law, the 50 commissioner of health, in consultation with the director of the budget, 51 shall develop a medicaid savings allocation plan to limit such spending 52 to the aggregate limit level specified in the enacted budget financial 53 plan, provided, however, such projections may be adjusted by the direc- 54 tor of the budget to account for any changes in the New York state 55 federal medical assistance percentage amount established pursuant to the 56 federal social security act, changes in provider revenues, reductions toA. 7257--B 4 1 local social services district medical assistance administration, and 2 beginning April 1, 2012 the operational costs of the New York state 3 medical indemnity fund and state costs or savings from the basic health 4 plan. Such projections may be adjusted by the director of the budget to 5 account for increased or expedited department of health state funds 6 medicaid expenditures as a result of a natural or other type of disas- 7 ter, including a governmental declaration of emergency. For purposes of 8 this section, for periods on and after July 1, 2016, medicaid disburse- 9 ments shall not include any additional expenditures related to increases 10 in the minimum wage established pursuant to section 652 of the labor 11 law. 12 § 7. Section 3614-c of the public health law, as added by section 33 13 of part H of chapter 59 of the laws of 2011, is amended to read as 14 follows: 15 § 3614-c. Home care worker wage parity. 1. As used in this section, 16 the following terms shall have the following meaning: 17 (a) "Living wage law" means any law enacted by Nassau, Suffolk or 18 Westchester county or a city with a population of one million or more 19 which establishes a minimum wage for some or all employees who perform 20 work on contracts with such county or city. 21 (b) "Total compensation" means all wages and other direct compensation 22 paid to or provided on behalf of the employee including, but not limited 23 to, wages, health, education or pension benefits, supplements in lieu of 24 benefits and compensated time off, except that it does not include 25 employer taxes or employer portion of payments for statutory benefits, 26 including but not limited to FICA, disability insurance, unemployment 27 insurance and workers' compensation. 28 (c) "Prevailing rate of total compensation" means the average hourly 29 amount of total compensation paid to all home care aides covered by 30 whatever collectively bargained agreement covers the greatest number of 31 home care aides in a city with a population of one million or more. For 32 purposes of this definition, any set of collectively bargained agree- 33 ments in such city with substantially the same terms and conditions 34 relating to total compensation shall be considered as a single collec- 35 tively bargained agreement. 36 (d) "Home care aide" means a home health aide, personal care aide, 37 home attendant or other licensed or unlicensed person whose primary 38 responsibility includes the provision of in-home assistance with activ- 39 ities of daily living, instrumental activities of daily living or 40 health-related tasks; provided, however, that home care aide does not 41 include any individual (i) working on a casual basis, or (ii) who is a 42 relative through blood, marriage or adoption of: (1) the employer; or 43 (2) the person for whom the worker is delivering services, under a 44 program funded or administered by federal, state or local government. 45 (e) "Managed care plan" means any managed care program, organization 46 or demonstration covering personal care or home health aide services, 47 and which receives premiums funded, in whole or in part, by the New York 48 state medical assistance program, including but not limited to all Medi- 49 caid managed care, Medicaid managed long term care, Medicaid advantage, 50 and Medicaid advantage plus plans and all programs of all-inclusive care 51 for the elderly. 52 (f) "Episode of care" means any service unit reimbursed, in whole or 53 in part, by the New York state medical assistance program, whether 54 through direct reimbursement or covered by a premium payment, and which 55 covers, in whole or in part, any service provided by a home care aide,A. 7257--B 5 1 including but not limited to all service units defined as visits, hours, 2 days, months or episodes. 3 (g) "Cash portion of the minimum rate of home care aid total compen- 4 sation" means the minimum amount of home care aide total compensation 5 that may be paid in cash wages, as determined by the department in 6 consultation with the department of labor. 7 (h) "Benefit portion of the minimum rate of home care aide total 8 compensation" means the portion of home care aide total compensation 9 that may be paid in cash or health, education or pension benefits, wage 10 differentials, supplements in lieu of benefits and compensated time off, 11 as determined by the department in consultation with the department of 12 labor. Cash wages paid pursuant to increases in the state or federal 13 minimum wage cannot be used to satisfy the benefit portion of the mini- 14 mum rate of home care aide total compensation. 15 2. Notwithstanding any inconsistent provision of law, rule or regu- 16 lation, no payments by government agencies shall be made to certified 17 home health agencies, long term home health care programs or managed 18 care plans for any episode of care furnished, in whole or in part, by 19 any home care aide who is compensated at amounts less than the applica- 20 ble minimum rate of home care aide total compensation established pursu- 21 ant to this section. 22 3. (a) The minimum rate of home care aide total compensation in a city 23 with a population of one million or more shall be: 24 (i) for the period March first, two thousand twelve through February 25 twenty-eighth, two thousand thirteen, ninety percent of the total 26 compensation mandated by the living wage law of such city; 27 (ii) for the period March first, two thousand thirteen through Febru- 28 ary twenty-eighth, two thousand fourteen, ninety-five percent of the 29 total compensation mandated by the living wage law of such city; 30 (iii) for [all periods on and after] the period March first, two thou- 31 sand fourteen through March thirty-first two thousand sixteen, no less 32 than the prevailing rate of total compensation as of January first, two 33 thousand eleven, or the total compensation mandated by the living wage 34 law of such city, whichever is greater; 35 (iv) for all periods on or after April first, two thousand sixteen, 36 the cash portion of the minimum rate of home care aide total compen- 37 sation shall be ten dollars or the minimum wage as laid out in paragraph 38 (c) of subdivision one of section six hundred fifty-two of the labor 39 law, whichever is higher. The benefit portion of the minimum rate of 40 home care aide total compensation shall be four dollars and nine cents. 41 (b) The minimum rate of home care aide total compensation in the coun- 42 ties of Nassau, Suffolk and Westchester shall be: 43 (i) for the period March first, two thousand thirteen through February 44 twenty-eighth, two thousand fourteen, ninety percent of the total 45 compensation mandated by the living wage law as set on March first, two 46 thousand thirteen of a city with a population of a million or more; 47 (ii) for the period March first, two thousand fourteen through Febru- 48 ary twenty-eighth, two thousand fifteen, ninety-five percent of the 49 total compensation mandated by the living wage law as set on March 50 first, two thousand fourteen of a city with a population of a million or 51 more; 52 (iii) for the period March first, two thousand fifteen, through Febru- 53 ary twenty-eighth, two thousand sixteen, one hundred percent of the 54 total compensation mandated by the living wage law as set on March 55 first, two thousand fifteen of a city with a population of a million or 56 more;A. 7257--B 6 1 (iv) for all periods on or after March first, two thousand sixteen, 2 [the lesser of (i) one hundred and fifteen percent of the total compen-3sation mandated by the living wage law as set on March first of each4succeeding year of a city with a population of one million or more or;5(ii) the total compensation mandated by the living wage law of Nassau,6Suffolk or Westchester county, based on the location of the episode of7care] the cash portion of the minimum rate of home care aide total 8 compensation shall be ten dollars or the minimum wage as laid out in 9 paragraph (c) of subdivision one of section six hundred fifty-two of the 10 labor law, whichever is higher. The benefit portion of the minimum rate 11 of home care aide total compensation shall be three dollars and twenty- 12 two cents. 13 4. [Any portion of the minimum rate of home care aide total compen-14sation attributable to health benefit costs or payments in lieu of15health benefits, and paid time off, as established pursuant to subdivi-16sion three of this section shall be superseded by the terms of any17employer bona fide collective bargaining agreement in effect as of Janu-18ary first, two thousand eleven, or a successor to such agreement, which19provides for home care aides' health benefits through payments to joint-20ly administered labor-management funds.215.] The terms of this section shall apply equally to services provided 22 by home care aides who work on episodes of care as direct employees of 23 certified home health agencies, long term home health care programs, or 24 managed care plans, or as employees of licensed home care services agen- 25 cies, limited licensed home care services agencies, or under any other 26 arrangement. 27 [6.] 5. No payments by government agencies shall be made to certified 28 home health agencies, long term home health care programs, or managed 29 care plans for any episode of care without the certified home health 30 agency, long term home health care program, or managed care plan having 31 delivered prior written certification to the commissioner, on forms 32 prepared by the department in consultation with the department of labor, 33 that all services provided under each episode of care are in full 34 compliance with the terms of this section and any regulations promulgat- 35 ed pursuant to this section. 36 [7.] 6. If a certified home health agency or long term home health 37 care program elects to provide home care aide services through contracts 38 with licensed home care services agencies or through other third 39 parties, provided that the episode of care on which the home care aide 40 works is covered under the terms of this section, the certified home 41 health agency, long term home health care program, or managed care plan 42 must obtain a written certification from the licensed home care services 43 agency or other third party, on forms prepared by the department in 44 consultation with the department of labor, which attests to the licensed 45 home care services agency's or other third party's compliance with the 46 terms of this section. Such certifications shall also obligate the 47 certified home health agency, long term home health care program, or 48 managed care plan to obtain, on no less than a quarterly basis, all 49 information from the licensed home care services agency or other third 50 parties necessary to verify compliance with the terms of this section. 51 Such certifications and the information exchanged pursuant to them shall 52 be retained by all certified home health agencies, long term home health 53 care programs, or managed care plans, and all licensed home care 54 services agencies, or other third parties for a period of no less than 55 ten years, and made available to the department upon request.A. 7257--B 7 1 [8.] 7. The commissioner shall distribute to all certified home health 2 agencies, long term home health care programs, and managed care plans 3 official notice of the minimum rates of home care aide compensation at 4 least one hundred twenty days prior to the effective date of each mini- 5 mum rate for each social services district covered by the terms of this 6 section. 7 [9.] 8. The commissioner is authorized to promulgate regulations, and 8 may promulgate emergency regulations, to implement the provisions of 9 this section. 10 [10.] 9. Nothing in this section should be construed as applicable to 11 any service provided by certified home health agencies, long term home 12 health care programs, or managed care plans except for all episodes of 13 care reimbursed in whole or in part by the New York Medicaid program. 14 [11.] 10. No certified home health agency, managed care plan or long 15 term home health care program shall be liable for recoupment of payments 16 for services provided through a licensed home care services agency or 17 other third party with which the certified home health agency, long term 18 home health care program, or managed care plan has a contract because 19 the licensed agency or other third party failed to comply with the 20 provisions of this section if the certified home health agency, long 21 term home health care program, or managed care plan has reasonably and 22 in good faith collected certifications and all information required 23 pursuant to subdivisions [six and seven] five and six of this section. 24 § 8. Notwithstanding any inconsistent provision or policy to the 25 contrary, any increase attributable to the increase in the minimum wage 26 established pursuant to section 652 of the labor law, shall be excluded 27 from the calculation of any policy of the state spending limitations in 28 the enacted budget financial plan pursuant to subdivision 3 of section 29 23 of the state finance law. 30 Notwithstanding any inconsistent provision of law, any program or 31 service including not-for-profits funded by New York state through the 32 department of the office of mental health, office for people with devel- 33 opmental disabilities, office of alcoholism and substance abuse 34 services, department of health, office of children and family services, 35 office of temporary and disabilities assistance, the state office for 36 the aging and the department of labor shall be adjusted to reflect the 37 increase in labor costs related to the minimum wage pursuant to section 38 652 of the labor law. 39 § 9. Severability clause. If an amendment made by section four or 40 section five of this act or their application to any person, legal enti- 41 ty, or circumstance is held invalid by a court of competent jurisdic- 42 tion, the remainder of this act or the application of such amendment to 43 other persons, legal entities or circumstances shall not be effected. 44 § 10. This act shall take effect immediately; provided, however, that 45 sections four and five of this act shall first apply to school district 46 budgets and the budget adoption process for the 2016 - 2017 school year; 47 provided, further, that section five of this act shall first apply to 48 the levy of taxes by local governments for the fiscal year that begins 49 in 2017; provided, further, that the amendments to paragraph a of subdi- 50 vision 3 of section 2023-a of the education law made by section four of 51 this act shall not affect the repeal of such section and shall be deemed 52 repealed therewith; provided, further, that the amendments to paragraph 53 (c) of subdivision 3 of section 3-c of the general municipal law made by 54 section five of this act shall not affect the repeal of such section and 55 shall be deemed repealed therewith.