Wage Parity Compliance and Certification Submission Dates for 2023

  • Letter is also available in Portable Document Format (PDF)

To: Medicaid Managed Care Organizations
       Certified Home Health Agencies
       Licensed Home Care Services Agencies
       Fiscal Intermediaries

From: Susan U. Montgomery
            Director, Division of Health Plan Contracting and Oversight
            Office of Health Insurance Programs

Subject: Wage Parity Compliance and Certification Submission Dates for 2023

Date of Issuance: September 21, 2023

This guidance is to inform you of due dates for wage parity compliance forms as follows:

  • 2023 Annual Certification of Compliance with Home Care Worker Wage Parity
    • Due through the eMedNY Provider Portal by December 1, 2023
    • Required entities include Medicaid managed care organizations (MMCO), certified home health agencies (CHHA), licensed home care services agencies (LHCSA) and fiscal intermediaries (FI)
    • Updates for the 2023 year will be made in the coming weeks and another announcement will follow when the form is updated in the eMedNY Provider Portal and ready for completion. Updates include:
      • LHCSA/FI: Date of submission and compliance with LS300 and audit submissions to CHHAs and MCOs
      • CHHA/LTHHCP: Date of submission and compliance with review of LS300 and audit submissions of contracted LHCSAs and FIs
      • MCO:
        • Date of submission and compliance with review of LS300 and audit submissions of contracted LHCSAs and FIs,
        • Requirement that payments to contracted providers are compliant with PHL 3614-c and compliance with review of LS300 and audit submissions of contracted LHCSAs, CHHAs, LTHHCPs and FIs
  • Annual Compliance Statement of Wage Parity, Hours and Expenses - Form LS300
    • Calendar year 2022 LS300 Forms are due from LHCSAs and FIs to CHHAs/MCOs by December 31, 2023
    • If any revisions to the form are made, they will take effect for the 2023 calendar year forward
    • Calendar year 2023 due date will be announced in 2024
  • Independent Auditor’s Statement Verifying Employer’s Wage Parity Hours and Expenses - Form LS301, and instructions related to independently audited financial statements.
    • Due dates for calendar years 2021 and 2022 and any revisions to forms and instructions are forthcoming
    • Previous guidance stating due dates for this requirement are no longer in effect.

All other wage parity requirements, as outlined in guidance documents posted here, remain in full effect. Questions may be sent to hcworkerparity@health.ny.gov.