Home Care Atomic Bomb Rulings in New York

On September 14, 2017, the NYS Appellate division, second department changed the way that millions of people will pay for home care services in New York.  In two decisions, Andryeyeva v. NYHAA and Moreno v. Future Care, the court held that agencies who employed the home health care aides, who were required to stay with their clients overnight (commonly called “Live-ins”) were entitled to back wages, overtime, etc., for at least six years, prior.  The court reasoned that since the workers were essentially on-call during the night to the client, whether or not they were eating or sleeping, they were entitled to be paid.

This is an atomic bomb to the industry because this opens up most of the agencies who employ home health care workers to litigation for the back wage liability, retroactively, inevitably forcing agencies into bankruptcy. In addition, going forward, many clients who were barely able to afford care, which typically can cost $300 per day, now may cost $600 per day, thereby accelerating premature entrances to nursing facilities and ultimately causing more people to go onto Medicaid to afford basic care.

About Author

  • Email: mlamagna@hhrls.com
  • Michael LaMagna, LNHA, MPA, JD concentrates in the areas of Medicaid and Advanced Asset Protection Planning, Elder Law, Trusts and Estates, Probate and Probate Litigation, Guardianships, Health Care Regulatory Matters, Nursing Home Placement, Long Term Care Insurance, Medicare Appeals, Social Security/SSI Litigation and Special Needs Law. If you have a question for Mr. LaMagna, please call him at (914) 437-5955.