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!
|© 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:
Request for Applications – Targeted Technical Assistance to Build the Business Capacity of Community-Based Aging and Disability Organizations for Integrated Services Partnerships
The Administration for Community Living (ACL) is announcing an opportunity for up to ten (10) networks of community-based aging and disability organizations to participate in a learning collaborative and receive targeted technical assistance related to business acumen. Applicants must be seeking to build their business capacity and align their service capabilities in order to contract with integrated healthcare entities to provide community-based long-term services and supports and/or evidence-based preventive health programs and services. ACL is particularly interested in working with networks that include a diverse mix of organizations that serve people with disabilities and older adults. No direct funding will be provided through this initiative; rather, this collaborative will receive targeted technical assistance through a variety of different means, as noted within the announcement.
Applications must be submitted electronically via email toLauren.Solkowski@acl.hhs.gov by 11:59 p.m., Eastern Time, on Monday, December 8, 2014.
Employment Outcomes Professional (EOPII) Training
September 29 – October 1, 2014
EMPLOYMENT OUTCOMES REGARDLESS OF EMPLOYMENT BARRIERS
|Current service delivery models to help persons seeking employment are under strain due to harder to serve referrals and a struggling economy. Through the skills learned in the Employment Outcomes Professionals Training (EOPII), job developers and placement specialists will learn new techniques for identifying opportunities and meeting employer’s needs. Utilized by public and private providers through the United States and Canada, this process for achieving employment outcomes focuses on proven marketing and sales skills. By utilizing effective marketing and selling skills, job developers and employment specialists engage in “the art of marketing and selling to employers a candidate option that may not be the employer’s first choice or in their usual comfort zone.” A growing base of evidence validates that these practices complement supported employment, traditional job placement and other strategies such as job carving and customizing employment options. Success in job development is based in the efforts of the job developer, not in the economy, employer attitudes or types of candidates. Strengthen the job developer before looking at working on any of the others.
Registration Deadline: Friday, September 19, 2014
About the Trainer: Florida ARF Employment Consultant Bill Sandonato will facilitate this 3 day training. He has over 30 years’ experience in organizations focused on helping people with disabilities and other barriers to obtain and maintain employment, including 25 years as President & CEO of Abilities of Florida. Sandonato holds Master’s Degrees in Business and Rehabilitation and is a certified EOP trainer and was instrumental in bringing EOP methods to Florida.
Suzanne Sewell, President & CEO , Troy Strawder, Board Chair
On July 22, 2014, President Obama signed the Workforce Innovation and Opportunity Act. The bill addresses unemployment across the spectrum – from vocational training, resume writing and English as a second language, to laid-off workers, disabled veterans and Americans with disabilities – the legislation casts a wide net through a host of federal government programs. In terms of Americans with disabilities, the bill is aimed at helping to prepare a new generation of young people with disabilities to succeed in competitive employment and predominantly impacts individuals with disabilities who are 24 years old and younger. This “new generation” will be required to first try vocational rehabilitation services before they are permitted to work in jobs paying less than the federal minimum wage. The bill is compatible with Florida’s Employment First Initiative which Florida ARF supports.
Meanwhile, Congressman Gregg Harper of Mississippi is sponsoring the Fair Wages for Workers with Disabilities Act of 2013 (HR 831), that if passed, would phase out 14(c) special wage certificates under the Fair Labor Standards Act of 1938 over a three year period. The bill has 94 sponsors and additional members of congress are poised to sign on. In Florida, six members of the congressional delegation have already signed onto the bill – Corrine Brown, Kathy Castor, Ander Crenshaw, Alcee Hastings, Daniel Webster, and Dennis Ross.
Now more than ever, the insights and viewpoints of Floridians with disabilities and their representatives are essential to the policy discussions going on at the national level. As we know, one size does not fit all. Many Community Rehabilitation Provider Agencies serve diverse constituencies and it is imperative that we make sure our congressional leaders are provided with a balanced perspective on the concerns and merits of center-based work experiences and 14(c) certificates and the need for more oversight of the programs at the federal levels. A number of variables play into the current equation including funding mechanisms, appropriate budget allocations and limits to disability compensations making it imperative that our congressional leaders recognize the true complexity of these issues.
We believe employees with disabilities and their representatives are the ones who should explain their experiences and tell their personal stories and that their representatives will hear and understand the complexities of the pending policy issues best when it comes from their own constituents.
Congressional Education Campaign
Florida ARF will be assisting its member agencies and interested parties with a campaign to educate members of the Florida Congressional delegation about the long-term implications of the policy decisions they are currently addressing. We encourage recipients and community rehabilitation providers to demonstrate real-life examples of how the proposed legislation to phase out 14 (c) would impact Floridians with disabilities in each congressman and woman’s district.
Collecting Authentic, Florida Stories
First and foremost, the campaign will involve telling the stories of employees throughout the state about their experiences in center-based employment environments and 14(c) employment opportunities and what they and their caregivers would be doing if the programs were eliminated.
Even though we support federal legislation and Employment First trends for younger employees with disabilities for youth transitioning out of school, we still need to feature current employees that would not be served outside of their current environments so that every individual with a significant disability has employment options. Therefore, we have developed a form to help your staff document the unique stories of the individuals they serve who receive 14 (c) subminimum wages.
Developing the Packet and Case Statement
With collaboration and final approval from each participating agency, staff will develop a packet of the top stories. The packet will also include white papers from appropriate sources, a Florida ARF position paper, and other relevant materials developed in collaboration with staff from a member agency.
Schedule Visits to Congressional District Offices
The Florida ARF Grassroots webpage contains information on how to set up Congressional appointments and a link to each US Senator and Representative serving Florida. Whenever possible, these visits should include employees with disabilities, their families, and other stakeholders on the scheduled visit to the congressional office. Remember, the purpose of the visit is to ensure that each congressional office hears directly from the community that will be impacted by the pending policy changes and what repercussions it will have on both the employee and the employee’s caregivers’ quality of life.
Let’s make a difference nationally and empower all Floridians with disabilities to validate the current merits of their employment!