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Home Health Agencies Home Healthcare Workers

Parker Poe Adams & Bernstein LLP

Medicaid's 80/20 Rule: New Restrictions on Funding for Home and Community Based Services

In spring 2024, the Centers for Medicare and Medicaid Services (CMS) finalized the Medicaid access rule, which includes a provision that requires that 80% of Medicaid payments for most Medicaid-funded home health aide,...more

Polsinelli

The 80/20 Rule is Here: CMS Finalizes HCBS Care Worker Payment Requirements

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In May 2023, the Centers for Medicare and Medicaid Services (“CMS”) proposed a series of rule changes intended to help promote the availability of home and community-based services (“HCBS”) for Medicaid beneficiaries. Chief...more

McDermott Will & Emery

CMS Finalizes Important Changes to Medicare Enrollment Requirements for Hospice, Home Health Providers

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The US Centers for Medicare & Medicaid Services (CMS) finalized important changes to the Medicare enrollment regulations applicable to hospices and home health agencies (HHAs), including increasing the level of screening that...more

Parker Poe Adams & Bernstein LLP

Home Healthcare Agency Pays Over $500K Based on Worker Misclassification

In recent years, the Department of Labor’s Wage and Hour Division has increased enforcement activities in the home healthcare industry. On Tuesday, DOL announced recovery of over $500,000 from an Alabama agency found to have...more

Jackson Lewis P.C.

EEOC Sues Home Care Provider For Race And National Origin Discrimination Over Changing Work Assignments Based On Client...

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The EEOC has filed suit in federal court against a home care provider, alleging it unlawfully discriminated against employees when it changed their work assignments to accommodate client preferences. The suit alleges the...more

Polsinelli

The U.S. Department of Labor Intensifies Scrutiny of Wage and Hour Violations in the Home and Health Care Industry

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The U.S. Department of Labor (“DOL”), through its Wage and Hour Division (“WHD”), has been intensifying its pursuit of Fair Labor Standards Act (“FLSA”) violations by residential care facilities, nursing facilities, home...more

Nelson Mullins Riley & Scarborough LLP

CMS Continues Transparency Efforts for Home Health and Hospice

The Centers for Medicare & Medicaid Services (CMS) announced on April 27, 2023, that it will publicly release all ownership information of home health and hospice agencies. This move is aimed at increasing transparency and...more

Troutman Pepper

New York Attorney General James Secures Third Settlement With Home Health Agency

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The New York Office of the Attorney General (OAG) recently announced two agreements with White Glove Community Care, Inc. (White Glove). One agreement reached with OAG’s Labor Bureau involved unpaid wages to White Glove’s...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Federal Court Finds In-Home Caregivers Were Employees, Not Independent Contractors, Under ‘Economic Realities/Control’ Test

Issues related to whether individuals are independent contractors or employees receive significant attention by employers and governmental entities because of the critical impact of misclassification. The U.S. Department of...more

Littler

New York Department of Health Revises Health Screening Requirements for Home Care Workers

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On August 2, 2022, the New York State Department of Health (the “Department”) issued revised guidance regarding daily health screenings and related policies for home care staff. Specifically, the new guidance reduces the...more

Husch Blackwell LLP

Beyond Hospice: Home Health Agencies Plagued by UPICs and SMRCs

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In this episode, we continue our discussion of home health enforcement trends, focusing on other audits currently troubling agencies. These include audits from Unified Program Integrity Contractors (UPIC), Supplemental...more

Dorsey & Whitney LLP

Home-Health Services Company Settles After Allegations of Double-Billing Scheme

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The Department of Justice recently announced that a home-health services company has agreed to pay over $45,000 to resolve alleged False Claims Act (“FCA”) violations. Professional Family Care Services, Inc. (“PFCS”), a North...more

Obermayer Rebmann Maxwell & Hippel LLP

The Department of Labor’s Caregiver Wage Initiative May Fall Short of Its Goal Unless It Also Focuses on The Funding Provided to...

On November 23, 2021, the Department of Labor’s Wage and Hour Division announced an education, outreach and enforcement initiative to ensure employers pay professional caregivers minimum wage and overtime in accordance with...more

Fisher Phillips

Most Healthcare Employers Will Soon Need to Implement Vaccine Mandate

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The Biden Administration’s recent “Path Out of the Pandemic” expands the COVID-19 vaccine mandate covering nursing home workers and will soon reach 17 million healthcare workers at Medicare and Medicaid-certified facilities....more

Fisher Phillips

The American Jobs Plan Invests Substantially in the Long-Forgotten Home-Care Industry – Money Welcomed by Both Employers and...

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In response to an industry long in crisis before the pandemic, President Biden’s American Jobs Plan allocates substantial investment in the caregiving industry. The Plan aims to allocate $400 billion toward expanding access...more

Sands Anderson PC

New Virginia Laws Focused on Pandemic-Essential Industries

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Governor Northam recently signed into law a half dozen new employment laws affecting employers in the Commonwealth of Virginia. Among these new laws are two that, beginning on July 1, 2021, will provide new protections for...more

Chambliss, Bahner & Stophel, P.C.

Spring-Clean Your In-Home Care Plan

The arrival of spring typically equates to the ‘spring-cleaning’ of your home. In this article, I challenge family caregivers and those of you wishing to age in place to polish your knowledge and spruce up your care-planning...more

Jackson Walker

CMS Expands Regulatory Flexibilities to Allow Qualified Hospitals to Treat Certain Patients at Home

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On November 25, 2020, the Centers for Medicare & Medicaid Services (CMS) gave hospitals facing another surge in COVID-19 patients more flexibility to care for Medicare patients outside of the walls of their hospitals. In...more

Genova Burns LLC

New York Home Health Care Agencies Beat Aides’ Lawsuit Over Use of a Captive To Meet Wage Parity Law

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When New York adopted a wage parity law setting minimum wage and benefit levels for home care workers, innovative home health care agency companies created a captive plan structure to meet the benefits requirements. Although...more

Littler

Notable Amendments Made to New York’s Wage Parity Law Will Affect Home Health Care Employers

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On April 3, 2020, New York Governor Andrew Cuomo signed the 2020-2021 state budget bills, part of which amended the Home Health Care Worker Wage Parity Law (“Wage Parity Law”).  ...more

Seyfarth Shaw LLP

The Health Care Provider Exemption to Emergency Paid Sick Leave in the Families First Coronavirus Act - Are you Covered?

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Yesterday, the Department of Labor issued temporary regulations regarding the “health care provider” exemption to employer-provided paid time off and paid leave under the Families First Coronavirus Response Act (“FFCRA”)....more

Burr & Forman

CMS Announces Additional Measures To Provide Home Health Agencies Greater Flexibility to Fight COVID-19

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On March 30, 2020, the Centers for Medicare & Medicaid Services (CMS) announced additional measures to provide home health agencies (“HHA”) greater flexibility when treating patients during the National Emergency....more

Robinson+Cole Health Law Diagnosis

CMS Finalizes 2020 Home Health Agency Payment and Policy Changes

On October 31, 2019, the Centers for Medicare and Medicaid Services (CMS) finalized its 2020 payment and policy changes rule for Home Health Agencies (HHA Rule).  The final rule is scheduled to be posted in the Federal...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

New York’s Highest Court Upholds 13-Hour Rule for Payment of Live-in Home Health Aides

In two recent companion cases, Andryeyeva v. New York Health Care, Inc. and Moreno v. Future Care Health Services, Inc., the New York Court of Appeals upheld the New York State Department of Labor’s (NYSDOL) 13-hour rule for...more

Roetzel & Andress

CMS Ends Moratorium On New Home Health Agencies In Illinois And Implements Review Choice Demonstration For Home Health Services

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The Social Security Act grants the Centers for Medicare and Medicaid Services (“CMS”) the authority to impose a moratorium on enrollment of home health agencies (“HHAs”) in the Medicare and Medicaid programs if CMS...more

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