Agency
Department of Labor and Industry
 
Board
Department of Labor and Industry
 
chapter
Paid Sick Leave Regulation [16 VAC 15 ‑ 90]
Action Paid Sick Leave
Stage NOIRA
Comment Period Ends 7/29/2026
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7/23/26  3:16 pm
Commenter: Caring Touch Health Services, LLC

Paid Sick Leave Hardship
 

While providers support a Paid Sick Leave policy, and considering that the majority of our clients are Medicaid patients, the current Agency-Directed personal care reimbursement rate (set by DMAS) does NOT INCLUDE FUNDING to cover this new mandate.

Without an adjustment, PROVIDERS WILL BE REQUIRED TO ABSORB THE FULL COST within an already strained reimbursement structure.

AGENCY-Directed Personal Care agencies are NOT reimbursed for paid sick leave where CONSUMER-Directed Facilities ARE funded. All are under the same EDCD waiver, paid by DMAS, which is an unfair division of funds for the same services.

   Personal care agencies cannot raise prices to offset new costs and are ONLY reimbursed for Personal Care services that are delivered by the caregivers, nothing else. Paid Sick Leave is not a billable expense; therefore reimbursement/compensation is zero.

Most of our part-time employees work in the Personal Care line that is paid by Virginia Medicaid. We did not receive an increase in reimbursement to cover the increased cost of wages (min wage increase), and now we must fund paid sick leave on top of this. It WILL create financial hardship.

I respectfully ask you to consider sponsoring legislation to provide a significant reimbursement rate increase for Agency-Directed Personal Care services to allow agencies to provide caregivers, nurses, and staff adequate pay and to be able to implement the paid sick leave requirement.

Thank you for your consideration. I would welcome the opportunity to provide additional information and actual costs endured by Agency-Directed Service Providers to help paint a more accurate picture of the cost effect of the new mandates.

CommentID: 240756