Regulatory Roundup September 2022

The seasons weren’t the only things to change in the month of September. West Virginia and New York also saw legislative updates regarding reporting requirements and bonuses for certain classes of employees. West Virginia passed a new law requiring employers to report Standard Occupational Classification (SOC) codes for all of their employees, as well as the county in which those employees work. To the north, the governor of New York announced a new bonus program for health care and mental hygiene workers within the state. Learn more about these updates below in this month’s Regulatory Roundup.

West Virginia Reporting Requirements

In June of 2022, the West Virginia legislature passed SB 548, which adds new reporting requirements employers must submit to the state’s Department of Revenue. Said employers must now also report the SOC codes for each employee and the name of the county in which each employee’s work location is located. The new requirements will take effect in the first quarter of 2023, and failure to comply with them will prevent employers from filing quarterly reports, which can result in penalties and fines.

SOC codes are used by federal agencies to categorize workers for the purpose of collecting, calculating, and disseminating data. For the most accurate list of current SOC codes, employers can use the SOC code lookup tool. Employer Account Management Services (EAMS) will remember which codes an employer uses for the prior quarter.

New York Bonus Program

Starting September 2, the state of New York has a new bonus program to help recruit, retain, and reward health care and mental hygiene workers. Called the New York State Health Care and Mental Hygiene Worker Bonus program (NYS HWB), eligible employers may submit requests and provide bonuses to eligible employees, as determined by the program’s “vesting periods” (hours worked during a consecutive six-month period between October 1, 2021, and March 31, 2024). For more information, refer to the New York Department of Health’s website.

To be eligible, employers must employ at least one person and either bill for services under a Medicaid state plan or a home or community-based services (HCBS) waiver, bill for services provided or arranged through a managed care organization or a managed long-term care plan, or be an educational institution or other funded program. Employers must also be currently enrolled and payable through eMedNY and have an active MMIS ID to be able to submit on the NYS HWB program’s portal.

Employees are only eligible if their position qualifies, they make less than $125,000 annually, are employed by the same employer for the entire vesting period, work at least 20 hours a week, and have not been suspended or excluded from participation in the Medicaid program. When enrolled, eligible employees can earn a bonus every six months through May 1, 2024, based on the number of hours worked per week during that period. Employees must receive a W-2 to report the supplemental wages, but the bonuses are exempt from New York state and local income tax laws.

Additional Information

Get more details on the compliance updates from September here:

• West Virginia SOC Codes and County Names
• New York Health Care and Mental Hygiene Worker Bonus Program

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This information is provided as a courtesy, may change, and is not intended as legal or tax guidance. Employers with questions or concerns outside the scope of a Payroll Service Provider are encouraged to seek the advice of a qualified CPA, Tax Attorney, or Advisor