Americare settlement

The Office of the New York Attorney General (OAG) has secured a settlement for $44,999,648 with home care agency, Americare, Inc. (Americare). The settlement requires Americare to return unpaid wage-parity compensation to certain home care aides. These aides provided home care services funded by Medicaid in New York City, or in Nassau, Suffolk, or Westchester counties between January 1, 2014, and March 31, 2020. These workers did not receive the compensation they were due under the Home Care Worker Wage Parity Act. Americare will make payments to OAG over a period of three years to repay current and former employees who qualify for the settlement. Americare will also add certain protections for its current employees.

The deadline to file a claim is January 4, 2027. 

Overview of the Americare settlement

Home care aides who perform Medicaid-funded work in New York City, or in Nassau, Suffolk, or Westchester counties, must receive the compensation required under the Home Care Worker Wage Parity Act (Public Health Law section 3614-c).  

The OAG investigated Americare and found that, between January 1, 2014, and March 31, 2020, Americare home care aides working in these locations did not receive the required compensation. Following its investigation, OAG negotiated a settlement with Americare. The settlement created a fund to pay affected Americare workers and mandated additional protections for current Americare employees.

Settlement fund of nearly $45 million to repay eligible Americare workers

As a current or former Americare worker, you are eligible for payments if OAG determined, based on the records produced by Americare, that you were not paid the wage-parity compensation required. 

An outside company, Rust Consulting, is managing the payments from the settlement fund. Rust will:

• send notices to Americare workers who are eligible for payment from the settlement fund
• process the payments to eligible Americare workers
• answer questions related to payments from the settlement fund

Benefits for current Americare workers

Under the terms of the AOD, in addition to the restitution that will be paid to current and former employees, Americare must also do all of the following:

• revise its policies and practices for compliance with the Wage Parity Act, including notifying aides of the wage-parity compensation it provides. This notice must be approved by OAG before distribution.
• distribute this notice by mail and email, and provide paper copies of the notice at in-person trainings, including at orientation and at one in-service training per year. The notice must be provided in multiple languages, including Spanish, Russian, Polish, Korean, Italian, Creole, Chinese, and Bengali.
• train aides about wage-parity compensation in these listed languages after OAG approves the notice about wage-parity compensation
• incorporate the notice about wage-parity compensation in its handbook
• train its coordinators and its human resources and payroll personnel on compliance with the Wage Parity Act. Americare must ensure that these individuals, and any other personnel that regularly interact with home care aides, are familiar with the benefits Americare provides as wage-parity compensation. These individuals must be able to provide aides guidance on how to access information about the benefits.
• distribute the notice about wage-parity compensation by mail and email to coordinators and to human resources and payroll personnel
• submit periodic reports to OAG about its compliance with the Wage Parity Act

Frequently asked questions about the Americare settlement

Do I qualify for a settlement payment?

You may qualify if you were employed by Americare as a home care aide and all of the following are true: 

• You provided home care services funded by Medicaid in New York City, or in Nassau, Suffolk, or Westchester counties.
• You provided these services between January 1, 2014, and March 31, 2020.

To determine the award for each affected worker, OAG has reviewed the records produced by Americare. The OAG will calculate each worker’s share as a percentage of the total settlement fund that Americare agreed to pay, based on the wage-parity hours worked. 

If you think you qualify, but do not receive a claim number, contact the settlement administrator, Rust Consulting:

• Call Rust Consulting: 1-877-347-6449
• Email Rust Consulting: info@AmericareSettlement.com 

When and how can I file a claim?

The claims process is expected to open in October 2026. The deadline to file is January 4, 2027. The first round of distribution will be in early 2027. 

Because Americare is making payments over a period of three years, some workers will receive multiple payments during different rounds of distribution. If your contact information changes, update your contact information with Rust Consulting at the settlement website.

If you are eligible for a settlement payment, you will receive a notice with a claim form by mail, email, or text message. Your notice will have a unique ID number and PIN. 

You can fill out the claim form on the website. Go to the Payment Selection tab on the website and enter your unique ID and PIN, as instructed in your notice to file your claim. Contact Rust if you have difficulties completing the online form.

All information about filing a claim will also be available on the Rust settlement website.

To make a claim for payment owed to a current or former employee who is deceased, contact Rust Consulting by December 4, 2026, to receive payment in the first round of payments. 

What is the current wage-parity amount required by law?

Starting on January 1, 2026, the wage-parity compensation rates are: 

• New York City: $22.19 (a base minimum hourly wage rate of $19.65 and $2.65 in benefits) 
• Nassau, Suffolk, and in Westchester counties: $21.32 (a base minimum hourly wage rate of $19.65 and $1.67 in benefits)

The rates are subject to change.