Florida users are welcome to a User Group Meeting being held at 1890 West State Road 436, Suite 295, Winter Park, FL 04210 on October 16, 2018. This is an opportunity for users in the state of Florida to meet and troubleshoot, network, discuss state and regional issues, clarify and learn about the latest Therap releases. We welcome you to join our user group meeting to discuss how Therap will work for individuals receiving services through the Florida Agency for Persons with Disabilities (APD), Agency for Healthcare Administration (AHCA), Florida Developmental Disabilities Council, to name a few. Learn how Florida Intellectual and developmental disabilities providers are using Therap to generate professional claims for Florida Medicaid while complying with Florida’s ADT Billing rules. Therap team members Maureen O’Connell and Tricia Woods will be at hand to answer technical questions and transmit the group’s consensus state needs and requirements to the Therap development team for review. Lunch will be provided for our registered attendees. We look forward to seeing you there!
The Department of Labor (DOL) published a Final Rule on October 1, 2013 extending minimum wage and overtime pay protections under the Fair Labor Standards Act (FLSA) to most home care workers (who may have job titles such as home health aide or personal care assistant) who provide essential assistance to people with disabilities and older adults. On August 21, 2015, the U.S. Court of Appeals for the D.C. Circuit issued a decision upholding the Final Rule. On Friday, September 18th from 2:00-3:00pm Eastern Time, senior leadership from the U.S. Department of Labor’s Wage and Hour Division and Office of the Solicitor will hold a webinar to discuss the Home Care Final Rule. Presenters will provide an overview of the Final Rule as well as the Department’s guidance regarding joint employment in domestic service employment under the FLSA and the application of the FLSA to shared living programs. Our comments will address questions we have received from states, including about the home care litigation.
TO REGISTER FOR THE WEBINAR:
Please click https://www.eventbrite.com/e/home-care-final-rule-implementation-webinar-for-states-registration-18538483102 to register for the webinar.
Once you register, you will receive an email with the information you need to access the webinar.
There will be a question and answer period after DOL’s presentation. If you would like to submit a question(s) in advance, please email it email@example.com at your earliest convenience. During the webinar, we will respond to as many questions as possible.
FOR MORE INFORMATION:
Information about the Home Care Final Rule is available athttp://www.dol.gov/whd/homecare/.
Information about the litigation related to the Home Care Final Rule is available at http://www.dol.gov/whd/homecare/litigation.htm.
|Washington, DC (June 26, 2015)
The Centers for Medicaid and Medicare Services (CMS) issued guidance on how they intend to address “heightened scrutiny” for settings that are subject to the home and community based services (HCBS) rule that went into effect on March 17, 2014. The guidance restates the standard for settings that are presumed institutional (located in a building that is also a publicly or privately operated facility that provides inpatient institutional treatment, or in a building located on the grounds of, or immediately adjacent to, a public institution). Additionally, any setting which has the effect of isolating individuals will be presumed to be institutional. For any of these instances, a state may submit evidence to overcome the presumption and demonstrate how the setting does meet the HCBS standards set forth. The new rules also offer states the option to develop “tiered standards for residential settings” which will allow states to “close the front door” to some providers while allowing existing providers of the same services to continue. This means that a state could set one compliant standard for existing providers and set a different, higher standard for new providers.
|© 2015 Agency for Health Care Administration|
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.
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: