§ 3614-c. Home care worker wage parity. 1. As used in this section,\nthe following terms shall have the following meaning:\n (a) "Living wage law" means any law enacted by Nassau, Suffolk or\nWestchester county or a city with a population of one million or more\nwhich establishes a minimum wage for some or all employees who perform\nwork on contracts with such county or city.\n (b) "Total compensation" means all wages and other direct compensation\npaid to or provided on behalf of the employee including, but not limited\nto, wages, health, education or pension benefits, supplements in lieu of\nbenefits and compensated time off, except that it does not include\nemployer taxes or employer portion of payments for statutory benefits,\nincluding but not limited to FICA, disability insurance, unemployment\ninsurance and workers' compensation.\n (c) "Prevailing rate of total compensation" means the average hourly\namount of total compensation paid to all home care aides covered by\nwhatever collectively bargained agreement covers the greatest number of\nhome care aides in a city with a population of one million or more. For\npurposes of this definition, any set of collectively bargained\nagreements in such city with substantially the same terms and conditions\nrelating to total compensation shall be considered as a single\ncollectively bargained agreement.\n (d) "Home care aide" means a home health aide, personal care aide,\nhome attendant, personal assistant performing consumer directed personal\nassistance services pursuant to section three hundred sixty-five-f of\nthe social services law, or other licensed or unlicensed person whose\nprimary responsibility includes the provision of in-home assistance with\nactivities of daily living, instrumental activities of daily living or\nhealth-related tasks; provided, however, that home care aide does not\ninclude any individual (i) working on a casual basis, or (ii) (except\nfor a person employed under the consumer directed personal assistance\nprogram under section three hundred sixty-five-f of the social services\nlaw) who is a relative through blood, marriage or adoption of: (1) the\nemployer; or (2) the person for whom the worker is delivering services,\nunder a program funded or administered by federal, state or local\ngovernment.\n (e) "Managed care plan" means any managed care program, organization\nor demonstration covering personal care or home health aide services,\nand which receives premiums funded, in whole or in part, by the New York\nstate medical assistance program, including but not limited to all\nMedicaid managed care, Medicaid managed long term care, Medicaid\nadvantage, and Medicaid advantage plus plans and all programs of\nall-inclusive care for the elderly.\n (f) "Episode of care" means any service unit reimbursed, in whole or\nin part, by the New York state medical assistance program, whether\nthrough direct reimbursement or covered by a premium payment, and which\ncovers, in whole or in part, any service provided by a home care aide,\nincluding but not limited to all service units defined as visits, hours,\ndays, months or episodes.\n (g) "Cash portion of the minimum rate of home care aide total\ncompensation" means the minimum amount of home care aide total\ncompensation that may be paid in cash wages, as determined by the\ndepartment in consultation with the department of labor.\n (h) "Benefit portion of the minimum rate of home care aide total\ncompensation" means the portion of home care aide total compensation\nthat may be paid in cash or health, education or pension benefits, wage\ndifferentials, supplements in lieu of benefits and compensated time off,\nas determined by the department in consultation with the department of\nlabor. Cash wages paid pursuant to increases in the state or federal\nminimum wage cannot be used to satisfy the benefit portion of the\nminimum rate of home care aide total compensation.\n (i) "Fiscal intermediary" means a fisca
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