Category: New York

Healthcare Worker Bonus

New York Opens Healthcare Worker Bonus Portal

New York State opened its healthcare worker bonus portal on August 3, 2022. Qualified employers must submit bonus claims for eligible employees based on specified vesting periods. For some workers, claims must be submitted by September 2, 2022. Eligible employees may be entitled to up to $3,000 under the NYS healthcare worker bonus program.

Qualified Employers

The description of employers who may be obligated to obtain bonuses for their workers under this program is somewhat complex.

As summarized by the NYS Department of Health, qualified employers include “certain providers with at least one employee, and that bill for services under the Medicaid state plan or a home or community-based services (HCBS) waiver, providers that have a provider agreement to bill for Medicaid services provided or arranged through a managed care organization or a managed long term care plan, and certain educational institutions and other funded programs.”

The DOH specifies that these include: “certain providers, facilities, pharmacies, and school-based health centers licensed under the state Public Health Law, Mental Hygiene Law, and Education Law, as well as certain programs funded by the Office of Mental Health (OMH), Office for the Aging, Office of Addiction Services and Supports (OASAS), and the Office for People with Developmental Disabilities (OPWDD).”

While this program does apply to public and private schools, the initial portal does not pertain to them. The education portion of the program is planned to open in October 2022, likely with further guidance from the NYS Department of Education.

Who Gets the Bonuses?

Individuals who worked in certain positions for qualified employers during relevant timeframes may be eligible for a bonus under the program. Eligibility extends beyond those with an employment relationship to some independent contractors. Both full- and part-time workers may be eligible.

To qualify for a healthcare worker bonus, an individual must meet all of the following criteria:

  • Were employed by a qualified employer throughout at least one vesting period.
  • Have a title included on the list of Eligible Worker Titles.
  • Not exceed an annualized base salary of $125,000.
  • Not have been suspended or excluded from the Medicaid program during the vesting period.

Eligible Worker Titles

Generally, healthcare workers may qualify for the bonus program if they work in positions that provide hands-on assistance with clinical or non-clinical health or care services. Eligible titles include nurses, counselors, therapists, and physician assistants. But other workers in healthcare settings may qualify, such as custodians, clerks, and food preparation workers.

The NYS Department of Health has established the following “full” list of eligible titles. However, there may still be ambiguity about who qualifies under some titles.

Frontline Direct Care Health and Mental Hygiene Workers

  • Assistant Program or Assistant Site Director
  • Case Manager
  • Certified First Responders
  • Certified Recovery Peer Advocate
  • Clinical Coordinator
  • Counselor – Alcoholism and Substance Abuse (CASAC)
  • Counseling Aide/Assistant – Alcoholism and Substance Abuse
  • Counselor – Rehabilitation
  • Dental Hygienists
  • Dental Assistants
  • Diagnostic Medical Sonographers
  • Dietician/Nutritionist
  • Exercise Physiologists
  • Intake/Screening
  • Licensed Mental Health Counselor (OASAS)
  • Licensed Mental Health Counselor (OCFS)
  • Medical Assistants
  • Mental Hygiene
    • Behavior Intervention Specialist 1
    • Behavior Intervention Specialist 2
    • Counselor
    • Crisis Prevention Specialist
    • Developmental Disabilities Specialist QIDP-Direct Care
    • Developmental Disabilities Specialist/Habilitation Specialist QIDP-Clinical
    • Early Recognition Specialist
    • Intensive Case Manager
    • Intensive Case Manager/Coordinator
    • Job Coach/Employment Specialist
    • Licensed Psychoanalyst
    • Licensed Mental Health Counselor
    • Manager
    • Peer Specialist
    • Residential Treatment Facility (RTF) Transition Coordinator
    • Senior Counselor
    • Supervisor
  • Mental Hygiene Worker
  • Nurses
    • Licensed Practical and Licensed Vocational Nurse
    • Licensed Practical Nurse
    • Nurse Anesthetist
    • Nurse Midwives
    • Nurse Practitioner
    • Nurse Practitioner/Nursing Supervisor
    • Nurse’s Aide/Medical Aide
    • Nursing Assistants
    • Registered Nurse
  • Orderlies
  • Orthotist
  • Other Clinical Staff/Assistants
  • Other Direct Care Staff
  • Paramedic
  • Peer Professional-Non-CRPA (OASAS Only)
  • Pharmacist
  • Pharmacy Technician
  • Phlebotomist
  • Physician Assistant
  • Program or Site Director
  • Prosthetist
  • Psychiatric Aide
  • Psychologist (Licensed)
  • Psychologist (Master’s Level)/Behavioral Specialist
  • Psychology Worker/Other Behavioral Worker
  • Residence/Site Worker
  • Social Worker-Licensed (LMSW, LCSW)
  • Social Worker-Master’s Level (MSW)
  • Speech-Language Pathologist
  • Therapists
    • Activity/Creative Arts Therapist
    • Marriage and Family Counselor/Therapist
    • Occupational Therapist
    • Occupational Therapy Assistant
    • Occupational Therapy Aide
    • Physical Therapist
    • Physical Therapy Assistant
    • Physical Therapy Aides
    • Radiation Therapist
    • Recreational Therapist
    • Respiratory Therapist
    • Speech Therapist
    • All Other Therapists
  • Technologists and Technicians
    • Advanced Emergency Medical Technician
    • Cardiovascular Technologists and Technician
    • Clinical Laboratory Technologists and Technician
    • Dietetic Technician
    • Emergency Medical Technician
    • Magnetic Resonance Imaging Technologist
    • Nuclear Medicine Technologist
    • Ophthalmic Medical Technician
    • Radiologic Technologist
    • Surgical Technologist
    • All Other Health Technologists and Technicians
  • Therapy Assistant/Activity Assistant

All Other Health Care Support Workers

  • Building Attendant
  • Building Service Aide
  • Building Service Worker
  • Clerks
    • Admitting Clerk
    • Admitting Clerk Cashier
    • Critical Care Clerk
    • Discharge Control Clerk
    • Emergency Services Clerk
    • Front Desk Clerk
    • Operating Room Clerk
    • Registration Clerk
    • Unit Clerk
    • Ward Clerk
  • Custodian
  • Dietary Aide
  • Dietary Worker
  • Dining Assistant
  • Dining Aide
  • Environmental Service Aide/Tech
  • Environmental Services Worker
  • Floor Maintenance Worker
  • Food & Nutrition Aide
  • Food Prep/Service Worker
  • Housekeeping Worker and Maid
  • Lead Intake Specialist
  • Maintenance/Physical Plant workers
  • Sanitation Worker
  • Service Worker
  • Support Services Worker
  • Unit Assistant
  • Unit Associate
  • Unit Coordinator
  • Unit Receptionist
  • Unit Secretary

Titles Determined by the Commissioner

  • Medical Fellow
  • Medical Resident

Vesting Periods

Vesting periods are six-month intervals between October 1, 2021, and March 31, 2024, as set forth below.

Vesting
Period		Vesting Period
Start Date		Vesting Period
End Date		Employer Submission
Start Date		Employer Submission
Close Date
OneOctober 1, 2021March 31, 2022August 3, 2022September 2, 2022
TwoApril 1, 2022September 30, 2022October 1, 2022October 31, 2022
ThreeOctober 1, 2022March 31, 2023April 1, 2023May 1, 2023
FourApril 1, 2023September 30, 2023October 1, 2023October 31, 2023
FiveOctober 1, 2023March 31, 2024April 1, 2024May 1, 2024

Qualified employers eligible workers in any vesting period must provide them with an Employee Attestation Form that must be returned before the applicable submission date.

Healthcare Worker Bonus Payments

Healthcare worker bonus payment amounts depend on hours worked during a vesting period:

  • 20-30 hours per week: $500
  • 30-35 hours per week: $1,000
  • 35+ hours per week: $1,500

Employees may receive a bonus for up to two vesting periods per qualifying employer. No employee can receive more than $3,000 under the program.

Employer Obligations

Qualifying employers must file through the Healthcare Worker Bonus Program Portal within a month after each vesting period in which they have eligible employees. (By September 2, 2022, for the initial October 1, 2021 – March 31, 2022 vesting period).

Once the employer receives the bonus money for the vesting period, it must pay the bonuses out to workers within 30 days.

Employers who do not identify, claim, and pay bonuses for at least 90% of bonus-eligible workers may be penalized up to $1,000 per violation. The Office of the Medicaid Inspector General will audit payments.

 

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New York Pay Disclosure Law

New York City Pay Disclosure Law Finalized

With recent amendments, the anticipated New York City pay disclosure law will take effect on November 1, 2022. Covered employers advertising for positions that could be performed in New York City must identify the minimum and maximum salary or wage for each job.

Covered Employers

The New York City pay disclosure law will apply to employers with at least 4 employees as long as one of them works in NYC. Anyone employing one or more domestic workers in the city is also covered.

Covered Job Postings

The law applies to all jobs, including promotions and transfers, that could be performed “at least in part” in New York City. Covered positions may be working either in a facility operated by the employer or remotely, such as in the employee’s home. Even positions with a combination of work locations would be subject to the New York pay disclosure law if part of the job could be performed in New York City.

Covered job advertisements include “any written description of an available job, promotion, or transfer opportunity that is publicized to a pool of potential applicants.”

However, the law does not require employers to advertise or post for available positions. It only requires that if an employer chooses to post an opening, they must include the compensation range.

Required Pay Disclosure

Covered job advertisements must state both a minimum and maximum annual salary or hourly wage for the available position(s). By law, “the range may extend from the lowest to the highest annual salary or hourly wage the employer in good faith believes at the time of the posting it would pay for the advertised job, promotion or transfer opportunity.”

Though there is little guidance so far on what will qualify as a “good faith” pay range, the New York Commission on Human Rights emphasizes that the range cannot be open-ended. For example, only stating a minimum hourly rate or a maximum salary would be insufficient.

Though unsaid, presumably the New York City pay disclosure range refers to the starting compensation level.

This law does not require employers to advertise any additional information about compensation or benefits such as overtime rates, insurance benefits, or bonus eligibility.

Penalties

A violation of the New York City pay disclosure law will constitute employment discrimination under the New York City Human Rights Law.

Any applicant or employee who feels aggrieved by an alleged violation of the New York pay disclosure law will be able to file a complaint with the New York City Commission on Human Rights. Potential remedies include awarding lost wages and emotional distress damages, among other available relief.

The law contains partial limits on liability, but it is not clear that they will do much to protect employers.

Only current employers may commence a civil lawsuit for a violation of the New York City pay disclosure law. But, again, a much broader scope of individuals have the attractive option of going through an administrative proceeding with the NYC Commission on Human Rights.

The law also provides for no monetary civil penalty for a first violation if the employer cures it within 30 days. However, this does not preclude an aggrieved individual from pursuing and potentially receiving damages in an administrative proceeding. And the NYC Commission on Human Rights may impose penalties of up to $250,000 for uncured or subsequent violations.

Next Steps for NYC Employers

If you have an employee working in New York City, you may need to include a wage or salary range in job postings beginning November 1, 2022. Do you have 4 total employees? Or at least one domestic worker in New York? Could the job you’re hiring for be performed in NYC–even if that’s not the most likely or preferred location?

NYC employers may have the option of not advertising for positions for which they don’t want to disclose a pay range. But if you do post, you will need to decide what a “good faith” wage or salary range is for each position advertised.

 

Could pay disclosure requirements be coming throughout New York State? Follow Horton Law on LinkedIn for our latest updates.

 

Pay Transparency in New York Cover Slide

Pay Transparency in New York (Webinar Recap)

On May 26, 2022, I presented a complimentary webinar entitled “Pay Transparency in New York”. For those who couldn’t attend the live webinar, I’m happy to make it available for you to watch at your convenience.

In the webinar, I discuss:

  • Federal & State Laws
  • New York City Salary Disclosures
  • Multi-Jurisdictional Positions
  • Practical Considerations

and much more!

Beginning November 1, 2022, employers posting for jobs that could be performed in New York City must include a salary/wage range for the positions. Proposed legislation would impose similar or even greater requirements throughout New York State.

This webinar addresses some of the practical considerations and consequences of including pay information in job advertisements in addition to describing the obligations imposed by law.

Don’t have time to watch the whole webinar right now? Click here to download the slides from the webinar.

Why You Should Watch “Pay Transparency in New York”

Employers with positions available in New York must be aware of the new legal requirements taking effect in November 2022. But perhaps even before then, New York State may enact broader obligations regarding compensation and benefit information in job postings.

Under current and proposed laws, employers have choices. These include whether to post for jobs in the first place and how large of a pay range to include when they do. What is a “good faith” compensation range? How will you decide compensation in the face of these new obligations? How will they affect overall labor costs?

Plus, learn how these laws could affect unionization efforts and wage negotiations. And hear what you might want to do now to best position your organization for compliance and to avoid allegations of pay inequity.

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