La. Admin. Code tit. 50 § XV-12921
Current through Register Vol. 50, No. 11, November 20, 2024
Section XV-12921 - Direct Service Worker Wages, Other Benefits, and Workforce Bonus PaymentsA. Establishment of Direct Service Worker Wage Floor and Other Benefits 1. Long term-personal care services (LT-PCS) providers that were providing LT-PCS on or after October 1, 2021 and employing direct service workers (DSWs) will receive the equivalent of a $4.50 per hour rate increase.2. This increase or its equivalent will be applied to all service units provided by DSWs with an effective date of service for the LT-PCS provided on or after October 1, 2021.3. All LT-PCS providers affected by this rate increase shall be subject to passing 70 percent of their rate increases directly to the DSW in various forms. These forms include a minimum wage floor of $9 per hour and wage and non-wage benefits. This wage floor and wage and non-wage benefits are effective for all affected DSWs of any working status, whether full-time or part-time.4. The LT-PCS provider rate increases, wage floor and/or wage and non-wage benefits will end March 31, 2025 or when the state's funding authorized under section 9817 of the American Rescue Plan Act of 2021 (Pub. L. No. 117-002) is exhausted.5. The Department of Health (LDH) reserves the right to adjust the DSW wage floor and/or wage and non-wage benefits as needed through appropriate rulemaking promulgation consistent with the Administrative Procedure Act.B. Establishment of Direct Service Worker Workforce Bonus Payments1. LT-PCS providers who provided services from April 1, 2021 to October 31, 2022 shall receive bonus payments of $300 per month for each DSW that worked with participants for those months.2. The DSW who provided services from April 1, 2021 to October 31, 2022 to participants must receive at least $250 of this $300 bonus payment paid to the provider. This bonus payment is effective for all affected DSWs of any working status, whether full-time or part-time.C. Audit Procedures for Direct Service Worker Wage Floor, Other Benefits, and Workforce Bonus Payments1. The wage enhancements, wage and non-wage benefits and bonus payments reimbursed to LT-PCS providers shall be subject to audit by LDH.2. LT-PCS providers shall provide LDH or its representative all requested documentation to verify that they are in compliance with the DSW wage floor, wage and non-wage benefits and/or bonus payments.3. This documentation may include, but is not limited to, payroll records, wage and salary sheets, check stubs, etc.4. LT-PCS providers shall produce the requested documentation upon request and within the timeframe provided by LDH.5. Non-compliance or failure to demonstrate that the wage enhancement, wage and non-wage benefits and/or bonus payments were paid directly to DSWs may result in the following: b. disenrollment from the Medicaid program.D. Sanctions for Direct Service Worker Wage Floor, Other Benefits, and Workforce Bonus Payments1. The LT-PCS provider will be subject to sanctions or penalties for failure to comply with this Rule or with requests issued by LDH pursuant to this Rule. The severity of such action will depend upon the following factors:a. failure to pass 70 percent of the LT-PCS provider rate increases directly to the DSWs in the form of a floor minimum of $9 per hour and in other wage and non-wage benefits and/or the $250 monthly bonus payments;b. the number of employees identified that the LT-PCS provider has not passed 70 percent of the LT-PCS provider rate increases directly to the DSWs in the form of a floor minimum of $9 per hour and in other wage and non-wage benefits and/or the $250 monthly bonus payments;c. the persistent failure to not pass 70 percent of the LT-PCS provider rate increases directly to the LT-PCS DSWs in the form of a floor minimum of $9 per hour and in other wage and non-wage benefits and/or the $250 monthly bonus payments; ord. failure to provide LDH with any requested documentation or information related to or for the purpose of verifying compliance with this Rule.La. Admin. Code tit. 50, § XV-12921
Promulgated by the Department of Health, Bureau of Health Services Financing and the Office of Aging and Adult Services, LR 482067, Amended LR 49, Amended LR 49697 (4/1/2023).AUTHORITY NOTE: Promulgated in accordance with R.S. 36:254 and Title XIX of the Social Security Act.