News & Analysis as of

Home Health Care

The Fight for 15: Montgomery County, Maryland, Raises the Bar

Montgomery County, Maryland, has approved Bill 28-17, which increases the countywide minimum wage from $11.50 to $15.00. The nine-member Montgomery County Council voted unanimously in support of the bill on November 7, 2017,...more

CDPAP Fiscal Intermediaries Must File an Application for Authorization With DOH or Cease Operations

by FordHarrison on

On November 1, 2017, the NYS DOH issued its "Application for Fiscal Intermediary Authorization" and implementation guidelines. Significantly, DOH imposed a very short timeframe, stating: "As of November 1, 2017, all existing...more

New York DOH Indicates it May Issue Guidance Regarding Fiscal Intermediary Authorization Applications

by Hodgson Russ LLP on

The Department of Health has indicated that it may be issuing guidance regarding the completion of the fiscal intermediary authorization applications. The guidance is likely to take the form of a series of Frequently Asked...more

Final Home Health Rule Drops Controversial Proposed Payment Model

by Bass, Berry & Sims PLC on

Last week, home health agencies welcomed the Centers for Medicare & Medicaid Services' (CMS) decision to drop a controversial proposed payment model and leave largely unchanged the current payment system. Responding to...more

New York 13 Hour Rule

The New York State Department of Labor (DOL) adopted an emergency temporary regulation on October 6, 2017 to address home care aides who work shifts of 24 hours or more. This action comes amidst much anxiety in the industry...more

Emergency New York Department of Labor Amendment Attempts to Clarify Pay Requirements for Home Health Care Workers

by Hogan Lovells on

The home health care industry has been buffeted in the past year by almost constant winds of change and conflicting guidance. Home health care agencies, which provide crucial live-in aides to New York’s most vulnerable,...more

Vitas Hospice and Chemed Corporation Settle Largest-Ever FCA Claim Against a Hospice

by Baker Ober Health Law on

Vitas Hospice, the largest for-profit hospice chain in the United States, and its owner, Chemed Corporation, agreed to pay $75 million to settle allegations that Vitas Hospice submitted false claims for hospice services...more

North Carolina State Health Coordinating Council Votes on Proposed 2018 State Medical Facilities Plan

by Williams Mullen on

On October 4, 2017, North Carolina’s health planning body, the State Health Coordinating Council (SHCC), met in Raleigh to finalize its work on the document that will define health care opportunities in North Carolina for the...more

No Pay to Sleep or Eat on the Job: New York State Department of Labor Issues an Emergency Regulation for Home Care Workers

by Farrell Fritz, P.C. on

The New York State Department of Labor (the “DOL”) issued an emergency regulation clarifying its minimum-wage rules regarding home care employees. The emergency regulation provides that sleep and meal times for home care...more

DOH Releases Fiscal Intermediary Authorization Application

by Hodgson Russ LLP on

The Department of Health has released the long awaited Fiscal Intermediary (FI) Authorization Application (Application). Pursuant to legislative amendments enacted in the 2016-2017 NYS budget, all FIs currently operating in...more

NYDOL Issues Explanatory Statement on Recent Wage Order Amendment Codifying its Longstanding Interpretation of the "13-Hour Rule"

by Littler on

As we reported earlier this month, the New York State Department of Labor (“NYDOL”) issued an amendment, effective October 6, to its Minimum Wage Order for Miscellaneous Industries and Occupations to clarify that bona fide...more

The Thrill Of Victory And The Agony Of Defeat: Illinois Home Health Aides Must Sue Individually To Recoup Fair Share Fees

by Jackson Lewis P.C. on

Home health aides who successfully objected to the collection of “fair share” fees without their consent may not proceed as a class, a panel of the U.S. Court of Appeals for the Seventh Circuit has ruled, affirming a lower...more

New York Department Of Labor Issues Emergency Minimum Wage Regulations Regarding Home Healthcare Attendants, Controverting Recent...

by Jackson Lewis P.C. on

Citing the need “to preserve the status quo, prevent the collapse of the home healthcare industry, and avoid institutionalizing patients who could be cared for at home,” the New York Department of Labor (NYDOL) has issued...more

Emergency Regulation Confirming the 13-Hour Payment Rule for Live-In Home Care Aides Working 24-Hour Shifts to be Followed by...

by Bond Schoeneck & King PLLC on

On Friday, October 6, 2017 the New York State Department of Labor (NYDOL) used its “emergency” regulatory power to amend its Minimum Wage Order for Miscellaneous Industries and Occupations, relating to home care workers...more

Sixth Circuit Court Agrees with Home Healthcare Employer’s Termination of Nurse

by Seyfarth Shaw LLP on

Seyfarth Synopsis: In this case a home-care nurse complained about the quality of care her patient received from the patient’s family members. Subsequent review and inspections by the company found some “serious problems”...more

NY DOL to Soon Issue Explanatory Statement on Recent Wage Order Amendment

by Littler on

As we recently reported, on October 6, 2017, the New York State Department of Labor (“NYDOL”) issued an amendment to its Minimum Wage Order for Miscellaneous Industries and Occupations regulation to clarify that bona fide...more

UPDATE: New York DOL Amends Regulation Governing Home Health Care Aides Pay

by Cole Schotz on

As previously discussed, recent decisions from the New York Supreme Court, Appellate Division, found a New York State Department of Labor (“NYDOL”) opinion letter was not a “rational or reasonable” interpretation of New York...more

Still Sleeping on the Job? NY DOL Says Home Healthcare Employees Not Entitled to 24 Hours Pay for Overnight Shifts

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Effective October 6, 2017, the New York Department of Labor issued an emergency regulation amending the Miscellaneous Minimum Wage Order, which is designed to undermine two recent Appellate Division rulings...more

NY DOL Issues Amendment to the Regulation Governing the Payment of Wages to Home Care Aides Who Work a Shift of 24 Hours or More

by Littler on

On October 6, 2017, the New York State Department of Labor (“NYDOL”) issued an amendment to its Minimum Wage Order for Miscellaneous Industries and Occupations (“Wage Order”) in response to recent court decisions finding that...more

24-Hour Pay For Live-In Home Health Care Aides

by Cole Schotz on

The New York Supreme Court, Appellate Division, issued two decisions in September that have serious ramifications for the home health care industry. In Moreno v. Future Care Health Servs., Inc., 2017 WL 4018898 (N.Y. App....more

New York Court: Minimum Wage Due For All On-Premises Hours Required Of Non-Resident Home Care Attendants

by Jackson Lewis P.C. on

In a significant blow to the home health care industry in New York, non-resident home health care attendants must be paid minimum wage for all hours they are required to remain at the client’s home, including hours when they...more

Better Healthcare Newsletter from Patrick Malone - October 2017

IN THIS ISSUE: - Need for nursing care may arise suddenly - Research, visit, consult. Repeat. And take all the time you can. - Make a decision, then make sure to stay engaged. - Care giving at home: It's a tough...more

Newly Announced Chicago Health Care Fraud Unit Could Signal a Change in the Northern District of Illinois’s Health Care...

by Ropes & Gray LLP on

On July 18, 2017, Acting U.S. Attorney for the Northern District of Illinois, Joel R. Levin, announced the creation of a dedicated criminal Health Care Fraud Unit. The five prosecutor unit will operate within the Criminal...more

Employment Law This Week®: NLRB Rulings May Surge, Home Health Pay Dispute, Immigrant Worker Protection Act, Equal Pay Protections

by Epstein Becker & Green on

We invite you to view Employment Law This Week® - a weekly rundown of the latest news in the field, brought to you by Epstein Becker Green. We look at the latest trends, important court decisions, and new developments that...more

Referral Sources Can Be A Protectable Interest Under Florida Law

by Jackson Lewis P.C. on

In Florida, non-competition and other restrictive covenant agreements are enforceable to the extent they are tailored to protect a legitimate business interest. On September 14, 2017, the Florida Supreme Court held that a...more

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