STATE OF NEW YORK
________________________________________________________________________
8999
2025-2026 Regular Sessions
IN ASSEMBLY
August 13, 2025
___________
Introduced by M. of A. TAPIA -- read once and referred to the Committee
on Health
AN ACT to amend the public health law, in relation to wage parity
compensation and prohibiting the substitution of mandatory benefits
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 3614-c of the public health law is amended by
2 adding a new subdivision 7-b to read as follows:
3 7-b. (a) Notwithstanding any other provision of law or regulation, any
4 compensation paid pursuant to this section to satisfy wage parity
5 requirements shall be paid directly to the employee in the form of cash
6 wages unless the employee affirmatively elects, in writing, to receive
7 part or all of such compensation in the form of supplemental benefits.
8 (b) No covered entity, including but not limited to a fiscal interme-
9 diary, contractor, or subcontractor under the consumer directed personal
10 assistance program (CDPAP) established pursuant to section three hundred
11 sixty-five-f of the social services law, shall substitute supplemental
12 benefits, including health insurance or debit card arrangements, for
13 wage parity compensation unless:
14 (i) the employee voluntarily and affirmatively opts in to such benefit
15 or benefits in writing;
16 (ii) the employee is provided a plain-language notice in such employ-
17 ee's primary language describing:
18 (1) the exact monetary value of each benefit;
19 (2) the scope and limitations of such benefits;
20 (3) the right to receive the entire amount as cash instead;
21 (4) the procedures for opting in or out at any time; and
22 (iii) the employee retains the right to opt out of any such benefit
23 and revert to cash compensation at any time upon reasonable written
24 notice.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13535-02-5
A. 8999 2
1 (c) No employee shall be automatically enrolled or required to remain
2 enrolled in any non-cash benefit plan as a condition of employment or
3 participation in the CDPAP established pursuant to section three hundred
4 sixty-five-f of the social services law or any other home care program
5 subject to this section.
6 (d) Any deduction from wages for the purpose of funding benefit plans
7 or other non-cash compensation, without the employee's explicit written
8 and revocable consent, shall constitute an unlawful wage deduction under
9 article six of the labor law.
10 (e) The office of the attorney general shall have the authority to
11 investigate and enforce the provisions of this subdivision, and may
12 impose additional civil penalties as deemed appropriate.
13 (f) The department of health and department of labor shall jointly
14 promulgate regulations to enforce this subdivision, ensure compliance,
15 and implement employee reporting, audit, and corrective mechanisms.
16 § 2. Severability. If any clause, sentence, paragraph, subdivision,
17 section or part of this act shall be adjudged by any court of competent
18 jurisdiction to be invalid, such judgment shall not affect, impair, or
19 invalidate the remainder thereof, but shall be confined in its operation
20 to the clause, sentence, paragraph, subdivision, section or part thereof
21 directly involved in the controversy in which such judgment shall have
22 been rendered. It is hereby declared to be the intent of the legislature
23 that this act would have been enacted even if such invalid provisions
24 had not been included herein.
25 § 3. This act shall take effect immediately.
