Florida Medicaid Fee-for-Service Monitoring
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Court Ruling Related to the DOL Companion – Home Care Rule
This is a follow up to the DOL emails we sent earlier today. After consideration of the parties’ pleadings, the arguments of counsel and relevant law, and the entire record in this case, plaintiffs’ motion for a partial summary judgment is GRANTED, defendants motion is DENIED, and the Department of Labor’s Third Party Employer regulation scheduled to go into effect on Jan 1, is VACATED. See below for a summary on the decision.
The United States District Court for the District of Columbia has today issued a partial summary judgment on two pieces of a lawsuit filed by the Home Care Association of America and other plaintiffs related to the Department of Labor’s Home Care Rule. Please note that this information is not legal advice, and is shared after a swift and preliminary review of the decision.
The decision notes that after consideration of the parties’ pleadings, the arguments of counsel and relevant law, and the entire record in this case, plaintiffs’ motion for a partial summary judgment is GRANTED, defendants motion is DENIED and the Departments Third Party Employer regulation scheduled to go into effect on Jan 1, is VACATED.
The largest area implicated by this decision is the third party employer regulation, which withdrew the availability of the companionship and live-in caregiver exemptions from third parties.
Companionship Exemption
As you know, the companionship exemption was impacted in two important ways by the Home Care rule. First, the rule established that the companionship services exemption is not applicable when the employee spends more than 20 percent of his or her workweek performing care services. This portion of the regulation is NOT impacted by this decision, so the companionship exemption is available only when this percentage test is met.
Second, the rule set forth that the companionship exemption is not available to third party employers. This portion of the rule, called the Third Party Employer regulation, is impacted by this court decision by allowing third party employers to avail themselves of the exemption. This means that, for situations meeting the definition of and test for companionship, workers can receive straight pay, not overtime for work over 40 hours/week even when there is a third party employer.
Live in Exemption
Like the Companionship exemption, the DOL rule removed the availability of the live-in caregiver exemption from third party employers. This ruling allows third parties to utilize the exemption, enabling straight pay for live-in caregivers, including for those hours worked over 40. For details on what constitutes a “live-in” domestic service worker and other conditions of the exemption, see Fact Sheet #79B: Live-In Domestic Service Workers Under the FLSA. http://www.dol.gov/whd/regs/compliance/whdfs79b.htm
While this is decision is important, this case has not been fully decided (there are other counts to be considered by the court) and there will likely be appeals filed, even on this limited judgment. As a result, states should remain vigilant in their planning and budgeting in the event that, at the conclusion of these legal proceedings, the original rule will be in full force and effect.
NASDDDS will continue to closely monitor developments and keep you apprised.
To read the court’s decision, visit:
https://ecf.dcd.uscourts.gov/cgi-bin/show_public_doc?2014cv0967-21
Therap National Conference Coming Soon ! January 29-31, 2013
Here it is, the time has come…The annual Therap National Conference is back again this month. Don’t miss out this year, take advantage of the Early Bird Discount and Register by January 7th!
*This is the best and most comprehensive training opportunity to get the most out of Therap for your organization. I hope to see may of you there!
Therap National Conference, Ramada East Hanover, New Jersey, January 29-31, 2013
Therap would like to welcome everyone involved in providing support and services to the people with Intellectual and Developmental Disabilities (ID/DD).
Therap has been focused on developing software that can be used to document and track progress of individuals, and this conference will provide an opportunity for the agencies and State officials to get a comprehensive, hands-on view of the system. Here, you can meet the Therap staff and also network with people from other parts of the country who are also using the applications to manage their data. Therap also is a platform that improves the communication regarding services provided within the organization, which in turn raise the quality of services! This will be the place to hear all about it.
Event highlights include:
* Hands-on training on Therap modules including Individual Service Plans, Health Tracking and Billing
* Sessions for advanced level users and certified trainers
* User presentations on implementation and usage (Interested in presenting?)
* Focused sessions for states, counties and multi-state providers
* Brainstorming and requirement analysis for future upgrades
* Presentations by other vendors
The details of the sessions and timings are available in our schedule (Download Schedule).
If you have questions, please contact us.
Registration:
Registration Packages:
$220 – 3 Day Conference
$245 – 3 Day Conference + Bus to NYC and back on 30th evening with free time to explore on your own.
$265 – 3 Day Conference + Guided tour of NYC and pizza dinner on 30th evening.
Online Registration
Note: Register by January 7 for an Early Bird Discount
and pay only $180/$205/$225 per attendee for the respective packages.
All price includes lunch and snacks during the day.
Venue & Accommodations:
Ramada Hotel & Conference Center
130 Route 10 West, East Hanover, NJ, 07936.
Call (973) 386-5622 to reserve rooms.
You can ask for the Therap Block Rate of $94(plus tax) if you book you stay by December 27, 2012.
You can book rooms at the Holiday Inn Parsippany(just beside the Ramada Hotel & Conference Center) also at the same rate (Call (888) 465 4329 to reserve rooms).
Free Shuttle to/from the Hotel:
Therap will be chartering a bus for pickup from the AirTrain Monorail atNewark Airport on Monday, January 28, 2013 which is the day before the National Conference starts on January 29.
Exact monorail stops will be announced. The charter bus will have a 50 person limit. Our plan is to have the bus for airport pickups at 2pm, 4pm, 6pm and 8pm. People taking Amtrak trains can also meet the bus.
There will be two buses on the last day of the conference, Thursday, January 31, 2013, for taking attendees back to the airport. These buses will start from the hotel at 3:30pm and 5:30pm. If we are allowed we will drop people directly at each terminal. Or else, the will drop will be at a Newark Airport Monorail station.
The times may vary due to traffic and other conditions. We will announce specific times and a pickup location closer to the event.
We are not guaranteeing space on the bus, although we think there should be availability for people to get on the bus of their choice. This is the first year we are attempting this, so please let us know if this is useful or if there are any questions.