We found no new CDPAP overtime law for 2026. New York wage rules say a personal assistant is owed time and a half for hours over 40 in a week, but the fiscal intermediary can only pay for hours the plan of care authorizes. A July 2026 Department of Health clarification adds that paid family members cannot work more than those authorized hours.
Some pages online describe a 60-hour weekly cap or a mandatory prior approval for overtime. We could not find either one in the state’s CDPAP page, in its 2026 guidance, or in the Department of Labor’s home care aide materials, so this page sticks to what those documents actually say.
Is there a new CDPAP overtime law in 2026?
Not that we could find. What changed in 2025 and 2026 is who runs payroll and how hours are checked:
- One payroll company for everyone. The Department of Health says Public Partnerships LLC (PPL) is the statewide fiscal intermediary and that all CDPAP recipients are required to work with it.
- April 22, 2026. A state notice on overlapping hours says two caregivers can be scheduled at the same time only when the plan of care allows it.
- July 17, 2026. A clarification tied to federal and state wage law sets the weekly hour limit for paid relatives and household members.
- July 22, 2026. MLTC Policy 26.02 and a matching message to local social services districts set how “excessive hours” are flagged and followed up.
Do CDPAP caregivers get overtime pay in New York?
In general, yes. The New York State Department of Labor’s home care aide fact sheet says home care aides must be paid 1½ times their regular rate for weekly hours over 40, or over 44 for residential employees. The definition of “home care aide” in that sheet expressly includes a personal assistant providing consumer directed personal assistance services, and it keeps CDPAP assistants covered even when they are related to the person they care for.
What those documents do not tell you is how PPL calculates overtime on a particular paycheck. PPL’s CDPAP page does not state a formula. If a paycheck looks wrong, ask PPL at 1-833-247-5346 to explain the calculation in writing, and contact the New York State Department of Labor if it is not resolved.
| Item | Figure | Source |
|---|---|---|
| Overtime for home care aides | 1½ times the regular rate over 40 hours a week (44 for residential employees) | NYS Department of Labor, fact sheet P105 |
| Minimum wage in 2026, NYC, Long Island, Westchester | $19.65 an hour | NYS Department of Labor, fact sheet P105 |
| Minimum wage in 2026, rest of state | $18.65 an hour | NYS Department of Labor, fact sheet P105 |
| From January 1, 2027, NYC, Long Island, Westchester | $20.00 an hour | NYS Department of Labor |
| From January 1, 2027, rest of state | $19.00 an hour | NYS Department of Labor |
These are minimums, not a published CDPAP pay rate. We did not find a single statewide hourly wage for personal assistants on the PPL or Department of Health pages.
How many hours can a CDPAP caregiver work in a week?
As many as the plan of care authorizes, and no more. PPL states that payment can only be issued for the hours the consumer is authorized for, so assistants must be scheduled inside that number. You can see the authorization in the Service Authorizations tab of PPL@Home, and the Summary tab shows how much has been used.
For paid relatives and household members, the July 2026 clarification puts the same limit in writing. It says authorized hours should reflect the consumer’s needs, not family ties, and should not go up or down just because the caregiver is a relative. It also says plans cannot authorize hours for common spaces, common chores or shared meals.
Hours a relative spends with the person outside the authorization are generally not part of the CDPAP employment. The state points to the U.S. Department of Labor’s Fact Sheet #79F for those hours.
What happens when one assistant works very long weeks?
The consumer, or their designated representative, is responsible for hiring enough caregivers. As a best practice the state recommends at least one assistant regularly available for every 40 authorized hours. PPL sends the state a biweekly report on assistants with long weeks, and plans and districts must respond.
| Hours worked by one assistant in a week | What the state expects |
|---|---|
| 84 to 111 | Listed for information so the plan can offer extra care management support |
| 112 to 167 | The plan or district gives PPL a path to resolution within 7 calendar days; at the state’s request PPL reports these cases to the Office of the Medicaid Inspector General |
| 168 | Resolution within 3 business days; also reported to the Inspector General |
For the highest bands, the plan reviews whether enough assistants and informal supports are really available. If there are too few to cover the medically necessary hours, the plan must discontinue the current authorization, send a notice with the reasons, and provide alternate support.
Can two CDPAP caregivers overlap shifts?
Only when the approved plan of care allows it and states why. The state’s example is a 30-minute overlap per shift because of a two-person lift. At a normal shift change, an overlap under seven minutes is tolerated, but PPL pays only one assistant for the overlapping time. The same notice says transportation, supervising and cueing are not allowable CDPAP tasks for scheduling or payment.
How do CDPAP timesheets and approvals work each week?
- The assistant records time. All time entries, including paper timesheets, are due by 11:59 p.m. Eastern on Saturday.
- The consumer approves. The consumer or designated representative approves the hours by noon Eastern on Sunday in Time4Care or PPL@Home, or by phone at 1-833-278-3959.
- Check the balance. Look at the Summary tab in PPL@Home to see authorized hours used and remaining before the next schedule is set.
- Call early. For payroll questions, PPL’s number is 1-833-247-5346.
What if the authorized hours are not enough?
Overtime cannot fill a gap in the authorization. If the person needs more help than the plan allows, there are three practical routes:
- Ask the Medicaid plan or Local Department of Social Services for a reassessment, especially after a fall, hospital stay or change in condition. Our guide to how Medicaid covers home care explains how hours are decided.
- Add licensed agency hours for the uncovered time through in-home care, paid privately or arranged alongside the family’s CDPAP schedule.
- Plan scheduled breaks for the main caregiver with respite care.
If you are still working out whether someone qualifies for CDPAP at all, start with CDPAP eligibility in New York.
How many hours will be approved? Advice from our nurse director
Anna Klyauzova, RN, MSN, MPA, Director of Patient Services at ProLife Home Care, on what she sees in practice:
I never promise a family a number of hours before the assessment. Two people with the same diagnosis can need very different amounts of help. The assessment looks at how they manage daily activities, their cognitive state and other individual needs. If the approved hours still look too low, ask for a reassessment.
Don’t wait for a hospital stay or a fall to start looking at Medicaid and home care programs. It is far easier to arrange safe care before things reach a crisis.
We are a licensed home care agency in Brooklyn and Queens, licence #2572L001, New York State Department of Health. We are not a fiscal intermediary and we do not run CDPAP payroll. If you want help sorting out how agency hours could sit alongside CDPAP hours, call (718) 232-2777 or use our contact page.
Program rules and wage figures change. Everything above was checked on 9 October 2026 against health.ny.gov, dol.ny.gov and pplfirst.com. Confirm your own hours and pay with PPL, your Medicaid plan or your Local Department of Social Services. This page is general information, not legal advice.
Frequently asked questions
Is there a new overtime law for CDPAP caregivers in 2026?
We found none. Overtime for home care aides, including CDPAP personal assistants, is covered by existing state wage rules. The 2026 changes are about authorized hours, overlapping shifts and the monitoring of very long weeks.
Do CDPAP personal assistants get time and a half?
The New York State Department of Labor says home care aides must be paid 1½ times their regular rate for weekly hours over 40, or over 44 for residential employees. Its definition of home care aide includes CDPAP personal assistants. How PPL shows this on a paycheck is a question for PPL.
Is there a 60-hour weekly cap for CDPAP caregivers?
We found no 60-hour cap in the Department of Health’s CDPAP page, its 2026 guidance or the Department of Labor’s materials. The limits that do exist are the authorized hours in the plan of care and the state’s follow-up when one assistant works 84 hours or more in a week.
Can a family member working as a CDPAP caregiver exceed the authorized hours?
No. A July 2026 Department of Health clarification says paid family members and household residents cannot work more hours per week than the authorization and plan of care identify.
Do I need approval before my caregiver works overtime?
The documents we read do not describe a separate overtime approval. What matters is that the hours fall inside the authorization, because PPL pays only authorized hours. Ask your Medicaid plan or PPL if your schedule is close to the limit.
What is the minimum wage for a CDPAP caregiver in NYC in 2026?
The state’s home care aide minimum wage is $19.65 an hour in New York City, Long Island and Westchester in 2026, and $18.65 elsewhere in the state. It rises to $20.00 and $19.00 on January 1, 2027.
Who do I call about a CDPAP paycheck problem?
Call PPL at 1-833-247-5346 first. If the question is about the number of authorized hours, contact your Managed Long Term Care plan or Local Department of Social Services.
