Days ago, on Tuesday 3/26/19, the New York State Court of Appeals in Andryeyeva v. New York Health Care, Inc., et. al., held that home care agencies are not required to pay a “live-in” aide for each hour of a 24 hour shift. Instead, they are only required to pay up to 13 hours for the “live-in” due to sleeping hours. Prior to this Decision, home care agencies would rotate several aides a week for the patient to avoid paying the unaffordable 24 hours of pay, thereby disrupting the patient’s daily care and routine. Now, agencies can again offer a single “live-in” aide and provide a consistent care experience for the home care patient – even for those who pay for this care utilizing the Medicaid personal care programs.
Contact us today for more information or to schedule a consultation to see if your loved one may qualify for “live-in” homecare.
For more information on elder law and estate planning, please visit my estate planning website.
