Therap is a proud sponsor of the North Carolina Council of Community Programs’ 2016 Conference which is going to take place at Pinehurst Resort, Pinehurst, NC from December 7-9. North Carolina provider agencies currently use Therap to meet documentations needs, including demographics, person centered individual support plans, care plans, medication administration records and progress notes. Stop by our booth to find out what’s new in Therap and what lies ahead. We’re excited to share some of the best user experiences and Therap content and hope you can join us!
U.S. Court of Appeals Unanimously Upholds DOL Home Care Rule
|Thank you for your engagement with the Department of Labor’s Wage and Hour Division regarding the Home Care Final Rule.On Friday, August 21, the U.S. Court of Appeals for the District of Columbia issued a unanimous decision upholding the Home Care Final Rule. DOL issued the statement below, which is available on our website at http://www.dol.gov/whd/homecare/litigation.htm
This site will be updated with any changes related to litigation, so please check back for updates.
Today’s decision from the U.S. Court of Appeals for the District of Columbia is vital to nearly two million home care workers, who will now qualify for minimum wage and overtime protections. The decision confirms this rule is legally sound. And just as important, the rule is the right thing to do — both for employees, whose demanding work merits these fundamental wage guarantees, and for recipients of services, who deserve a stable and professional workforce allowing them to remain in their homes and communities.
The DOL has led an unprecedented implementation program to help employers prepare for compliance, including offering an extensive and individualized technical assistance program, providing a 15-month period before the effective date to aid compliance, and adopting a time-limited non-enforcement policy. DOL has repeatedly encouraged states and other employers to take the necessary steps toward implementation. The Department continues to stand ready to provide technical assistance to states and other entities as they implement the Final Rule.
|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:
The Agency for Persons with Disabilities has reposted Requests for Information (RFI) to seek input on models the State of Florida may want to consider as it addresses. The first announcement included wrong links. Sorry for any inconvenience. The four RFIs are available at:
- · Forensic Housing and Services – http://www.myflorida.com/apps/vbs/vbs_www.ad_r2.view_ad?advertisement_key_num=117326
- · Housing Options for Individuals with Intensive Behavioral Challenges –http://www.myflorida.com/apps/vbs/vbs_www.ad_r2.view_ad?advertisement_key_num=117327
- · Mental Health Services and Housing Continuum for Individuals who are Dually Diagnosed or Significantly Challenged – http://www.myflorida.com/apps/vbs/vbs_www.ad_r2.view_ad?advertisement_key_num=117328
- · Aging Planning Process for Individuals with Developmental Disabilities and Aging Caregivers and Competency Training for Service Providers –http://www.myflorida.com/apps/vbs/vbs_www.ad_r2.view_ad?advertisement_key_num=117329
Details of each RFI are posted to the State of Florida Vendor Bid System –http://www.myflorida.com/apps/vbs/vbs_www.main_menu .
Agency for Persons with Disabilities
4030 Esplanade Way
Tallahassee, FL 32399
|National Cyber Awareness System:
11/13/2014 09:17 AM EST
Original release date: November 13, 2014
iOS devices running iOS 7.1.1, 7.1.2, 8.0, 8.1, and 8.1.1 beta.
A technique labeled “Masque Attack” allows an attacker to substitute malware for a legitimate iOS app under a limited set of circumstances.