José Hernandez has relied on 24-hour live-in home care for nearly a decade.  After breaking his neck at 15, Mr. Hernandez was left with very limited mobility, and these workers made the difference between living at home and being placed in a nursing facility.

Mr. Hernandez has penned a new op-ed for the New York Daily News opposing a proposed City Council bill, Intro 303, that seeks to eliminate 24-hour live-in home care shifts by penalizing providers for assigning shifts longer than 12 hours.

While acknowledging the serious exploitation some home care workers face, advocates, including The Legal Aid Society, argue the bill fails to account for how home care is funded and authorized. Because 24-hour care services are governed by New York State Medicaid — not the City — providers would be forced into a conflict between mandates, either complying with state requirements and facing steep City fines or following City law and risking the loss of state contracts or funding.

“What is intended as a workers’ rights law could become a windfall for managed care companies—and a disaster for older adults, people with disabilities, and the home care workforce,” he writes in part. “The bill contains a fundamental flaw that could leave people without care and workers without jobs.”

Read the full piece here.