Story by Mike Lee

Photos by Mike Lee & Acacia Rodriguez

On May 20, District Council 37, Home Care Employees Local 389, disability advocates, and labor allies rallied at City Hall Park to urge the New York City Council to reject Intro. 303, legislation that would jeopardize workers’ jobs, benefits, and care for thousands of disabled New Yorkers.

Legislation that would severely impact care for thousands of disabled individuals who depend on Medicaid-funded home care workers was introduced into the New York City Council in January.

Intro. 303-2026, sponsored by Council Member Christopher Marte, would set maximum working hours for home care workers, many of whom are members of Home Care Employees Local 389 that represents private-sector home health care aides.

If passed, the bill would prohibit home care agencies from assigning workers to 24-hour shifts. Instead, shifts would be split into two, 12-hour time periods. If insurance only authorizes one shift, an agency cannot bill Medicaid for split shifts without committing fraud. The legislation would put city and state laws in conflict with one another because home care services in New York City are regulated and paid for by the state. The measure, while well-intentioned, would create a mandate with no funding stream.

Workers’ livelihoods threatened, patients at risk

Though proponents of the bill argue it will help all workers, Intro. 303 instead threatens the wages and hard-won benefits of the unionized workers who have secured contractual and legal protections.

The 5,000 home care workers represented by Local 389, the majority of whom are Black women, depend on Medicaid funded shifts to support their families.

“Breaking the shifts into two 12-hour shifts does not guarantee that the provider or the contracted agency will be in alignment to give them the hours they need,” said Derrick Davis, DC 37 Political Action Director.

If the law passes, the City of New York must ask Albany to fund an additional 11 hours per day for every 24‐hour case. At current projected Medicaid reimbursement rates, the City would have to fund at least an additional $460 million to cover these costs, at a time when the State and New York City are grappling with their respective budgets.

Gov. Kathy Hochul has already indicated the State will not increase funding due to the consequences of Federal cuts to the Medicaid program.

This leaves the possibility that home care providers may lose funding, leading to layoffs or even the closure of their operations, potentially placing the 13,000 disabled New Yorkers who require 24-hour care at risk of having to enter hospice or long-term care homes.

This worries Margaret Glover, President of Local 389 and a home care worker for more than 45 years.

“Nursing homes do not provide the level of care that we do,” Glover said. “You don’t know what it’s like to work as a home care worker, to see our clients who need our help for their basic needs. We do this work because we want to help them. Our clients should remain at home, receiving experienced care from the professionals they have built relationships and trust with.”

DC 37 and Local 389 are working with the Legal Aid Society to press the case that, although Intro. 303 is well-intentioned, it is deeply flawed legislation that would harm both the clients and the workers it aims to serve.

This article originally appeared in the April-June 2026 issue of PEPTalk Magazine.