La. Admin. Code tit. 50 § XXI-16903
Current through Register Vol. 50, No. 11, November 20, 2024
Section XXI-16903 - Direct Service Worker Wages and Bonus PaymentsA. Establishment of Direct Service Worker Wage Floor for Medicaid Home and Community-Based Services for Intellectual and Developmental Disabilities 1. Effective October 1, 2021, providers of Medicaid home and community-based waiver services operated through the Office for Citizens with Developmental Disabilities employing direct service workers will receive the equivalent of a $2.50 per hour rate increase.2. Effective October 1, 2021, this increase or its equivalent will be applied to all service units provided by direct service workers with an effective date of service for the identified home and community based waiver services provided beginning October 1, 2021.3. The minimum hourly wage floor paid to direct service workers shall be $9 per hour.4. All providers of services affected by this rate increase shall be subject to a direct service worker wage floor of $9 per hour. This wage floor is effective for all affected direct service workers of any work status, whether full-time or part-time.5. The Department of Health reserves the right to adjust the direct service worker wage floor as needed through appropriate rulemaking promulgation consistent with the Louisiana Administrative Procedure Act.B. Establishment of Direct Service Worker Workforce Bonus Payments1. Providers who provided services from April 1, 2021 to October 31, 2022 shall receive bonus payments of $300 per month for each direct service worker that worked with participants for those months.2. The direct service worker who provided services to participants from April 1, 2021 to October 31, 2022 must receive at least $250 of this $300 bonus payment paid to the provider. This bonus payment is effective for all eligible direct service workers of any working status, whether fulltime or part-time.3. Bonus payments will end October 31, 2022.4. LDH reserves the right to adjust the amount of the bonus payments paid to the direct service worker as needed through appropriate rulemaking promulgation consistent with the Administrative Procedure Act.C. Audit Procedures for Direct Service Worker Wage Floor and Workforce Bonus Payments 1. The wage enhancement and bonus payments reimbursed to providers shall be subject to audit by LDH. 2. Providers shall provide to LDH or its representative all requested documentation to verify that they are in compliance with the direct service worker wage floor and bonus payments.3. This documentation may include, but is not limited to, payroll records, wage and salary sheets, check stubs, etc.4. 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 and/or bonus payments were paid directly to direct service workers may result in the following: b. disenrollment from the Medicaid Program.D. Sanctions for Direct Service Worker Wage Floor and Workforce Bonus Payments 1. The 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. Direct Service Worker Wage Floori. failure to pay I/DD HCBS direct service workers the wage floor minimum of $9 per hour;ii. the number of I/DD HCBS direct service workers identified as having been paid less than the wage floor minimum of $9 per hour; oriii. the persistent failure to pay I/DD HCBS direct service workers the wage floor minimum of $9 per hour;b. Direct Service Worker Workforce Bonus Paymentsi. failure to pay eligible I/DD HCBS direct service workers the $250 monthly workforce bonus payments;ii. the number of eligible I/DD HCBS direct service workers who are identified as having not been paid the $250 monthly workforce bonus payments; oriii. the persistent failure to pay wage eligible I/DD HCBS direct service workers the $250 monthly workforce bonus payments; orc. 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, § XXI-16903
Promulgated by the Department of Health and Hospitals, Office for Citizens with Developmental Disabilities, LR 33:2456 (November 2007), Amended by the Department of Health and Hospitals, Bureau of Health Services Financing and the Office for Citizens with Developmental Disabilities, LR 422169 (10/1/2015), LR 42900 (6/1/2016), Amended by the Department of Health, Bureau of Health Services Financing and the Office for Citizens with Developmental Disabilities, Amended LR 4842R (1/1/2022), Amended LR 491071 (6/1/2023).AUTHORITY NOTE: Promulgated in accordance with R.S. 36:254 and Title XIX of the Social Security Act.