NYC Council Member Annabel Palma

A coalition of home care workers, family caregivers, and disability and senior advocates — along with New York City Council Member Annabel Palma (D, District 18) — rallied to oppose the state’s proposed 12-hour limitation on personal care hours in the Medicaid Personal Care Program.

The press conference, held on the steps of New York City Hall on March 8, was organized by 1199/SEIU and featured several speakers, including a worker and a client.

12-Hour Cap Would Force Consumers into Nursing Homes

The New York State Executive Budget proposes to redirect seniors and people with disabilities who currently receive more than an average of 12 hours of Medicaid personal care services a day into other community-based programs, such as Managed Long-Term Care (MLTC), the Long Term Home Health Care Program, and Nursing Home Transition and Diversion Waiver.

The state expects this proposal to yield savings of $78.7 million over the next two fiscal years.

Because of limitations in these other community-based programs, many advocates are concerned that the proposed cap would essentially force personal care recipients into nursing homes. This appears to be at odds with the state’s long-held policy of allowing people to live in the least restrictive community-based settings. It also conflicts with the Supreme Court’s Olmstead decision and the Americans with Disabilities Act.

Workers Forced to Choose Between Wages and Clients

Home care workers would also be negatively affected by the proposal. In New York City’s personal care program (known as the Home Attendant program), personal care aides are covered by the city’s Living Wage Law (pdf) and paid $10 an hour. However, aides in the other community-based programs are often paid at, or near, the minimum wage (the average starting wage is $8).

This new proposal would force some home care workers to either lose their clients (many of whom they have been with for many years), or take a $2 an hour wage cut.

“I oppose the state’s proposed personal care cap because it will hurt seniors and people with disabilities, along with the dedicated home attendants who care for them,” Palma said.

“Hundreds of home care workers in my district could lose their jobs and benefits if this policy is instituted. The relatively small projected budgetary savings cannot justify the likely harm to thousands of New York’s most vulnerable residents,” Palma continued.

New York State’s budget for the next state fiscal year is due April 1. The final budget will include a decision on the cap.

– by Meghan Shineman