§ 3614-f. Home care minimum wage increase. 1. Definitions. For the
purpose of this section:

(a) "Home care aide" shall have the same meaning as defined in section
thirty-six hundred fourteen-c of this article.

(b) "Home care worker wage adjustment" shall mean a supplemental
amount of wages equal to the rate of change in the average of the three
most recent consecutive twelve month periods between the first of August
and the thirty-first of July, each over their preceding twelve month
periods published by the United States department of labor
non-seasonally adjusted consumer price index for northeast region urban
wage earners and clerical workers (CPI-W) or any successor index as
calculated by the United States department of labor.

(c) "Downstate" shall mean all counties within New York city and the
counties of Nassau, Suffolk and Westchester.

(d) "Remainder of state" shall mean all counties in the state of New
York other than the counties in downstate.

2. (a) Beginning October first, two thousand twenty-two, in addition
to the otherwise applicable minimum wage under section six hundred
fifty-two of the labor law, or any otherwise applicable wage rule or
order under article nineteen of the labor law, the minimum wage for a
home care aide shall be increased by an amount of two dollars and zero
cents.

(b) for the period January first, two thousand twenty-four through
December thirty-first, two thousand twenty-four, the minimum wage for a
home care aide shall be as follows:

(i) for each hour worked in downstate, eighteen dollars and fifty-five
cents; and

(ii) for each hour worked in remainder of state, seventeen dollars and
fifty-five cents;

(c) for the period January first, two thousand twenty-five through
December thirty-first, two thousand twenty-five, the minimum wage for a
home care aide shall be as follows:

(i) for each hour worked in downstate, nineteen dollars and ten cents;
and

(ii) for each hour worked in remainder of state, eighteen dollars and
ten cents;

(d) for the period January first, two thousand twenty-six through
December thirty-first, two thousand twenty-six, the minimum wage for a
home care aide shall be as follows:

(i) for each hour worked in downstate, nineteen dollars and sixty-five
cents; and

(ii) for each hour worked in remainder of state, eighteen dollars and
sixty-five cents;

(e) beginning January first, two thousand twenty-seven, and each
January first thereafter, the minimum wage for a home care aide shall be
the sum of the minimum wage for a home care aide from the prior calendar
year and the home care worker wage adjustment.

(f) (i) Notwithstanding any provision of law to the contrary, in no
event shall the minimum wage for a home care aide in downstate exceed
the sum of the wage set by the commissioner of labor pursuant to
paragraph (a) of subdivision one-b of section six hundred fifty-two of
the labor law plus three dollars and zero cents.

(ii) Notwithstanding any provision of law to the contrary, in no event
shall the minimum wage for a home care aide in remainder of state exceed
the sum of the wage set by the commissioner of labor pursuant to
paragraph (b) of subdivision one-b of section six hundred fifty-two of
the labor law plus three dollars and zero cents.

3. Where any home care aide is paid less than required by subdivision
two of this section, the home care aide, or the commissioner of labor
acting on behalf of the home care aide, may bring a civil action under
article six or nineteen of the labor law; provided that this shall not
preclude the commissioner of labor from taking direct administrative
enforcement action under article six of the labor law.

4. (a) The department is authorized to address, to any provider of
medical assistance program items and services that is an employer of
home care aides, or officers thereof, any inquiry in relation to its
contracts, employment or other relationship, and wages, compensation and
other benefits paid to home care aides, including individually
identifiable data and payroll reports. Every entity or person so
addressed shall reply in writing to such inquiry promptly and
truthfully, and such reply shall be, if required by the department,
signed by such individual, or by such officer or officers of a
corporation, as the department shall designate, and affirmed by them as
true under penalty of perjury. In the event any entity or person does
not provide a good faith response to an inquiry from the department
pursuant to this section within a time period specified by the
department of not less than fifteen business days, such entity or person
shall be subject to civil penalties under section twelve of this
chapter. Each day after the deadline established by the department for
reply until such time that the provider submits a good faith response
shall be considered a separate and subsequent violation. In accordance
with the process outlined in this paragraph, employers shall provide any
documents or materials in the employer's possession, custody, or control
that are requested by the department as needed to support or verify the
employer's reply.

(b) Any reports or other information furnished to the department under
this subdivision shall be deemed a confidential communication and shall
not be subject to inspection or disclosure in any manner, including
article six of the public officers law or department regulations in
conformance therewith, except as provided in this section, pursuant to a
judicial subpoena issued in a pending action or proceeding, or upon
formal written request by the department of labor, the office of
attorney general, or a duly authorized public agency.

(c) The department shall no less than annually provide a report to the
governor, temporary president of the senate, and speaker of the assembly
summarizing the information obtained by the department under this
subdivision. Such report shall not contain individually identifiable
data.