News & Analysis as of

Home Health Care

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

Combatting the Shortage of Home Care Workers: Going Co-Op?

With the number of U.S. residents aged 65 and older projected to more than double from 46 million today to over 98 million by 2060, home care agencies face a litany of difficulties. Among these are that home care agency...more

Flaster Greenberg PC

Returning From a Nursing Home to the Home

by Flaster Greenberg PC on

What are the options available to a long-term care resident who wants to return home? Consider using the Home and Community Based Services (HCBS) centered planning rules to help the resident transition back into the...more

Hodgson Russ LLP

LHCSA's May Face Stiff Penalties if 2017 Statistical Report is Not Timely Submitted

by Hodgson Russ LLP on

This year’s budget bill brought significant changes to the LHCSA industry (e.g., imposing a LHCSA contract limit on MLTC's). One of the changes was a requirement that all LHCSAs register with the NYS DOH by January 1, 2019....more

Hodgson Russ LLP

Executive Order 38 Limits, Stricken in Part

by Hodgson Russ LLP on

On October 18, 2018, the New York State Court of Appeals issued a decision striking down Department of Health (“DOH”) regulations under Executive Order 38 that limited compensation paid to executives of entities that receive...more

Flaster Greenberg PC

What is a Medicaid Penalty Period?

by Flaster Greenberg PC on

Medicaid is a joint federal and state program that provides funding for long-term care in a nursing home, an assisted living facility, an adult medical day care program or at home. As a means-tested public benefit program,...more

Seyfarth Shaw LLP

Once Is Enough: Eleventh Circuit Allows Racial Harassment Claim Against Health Care Provider to Proceed—and Takeaways For...

by Seyfarth Shaw LLP on

Seyfarth Synopsis: In a recent decision, the Eleventh Circuit Court of Appeals held that the use of the N-Word in the workplace one time is sufficient to trigger a hostile work environment....more

Mintz - Health Care Viewpoints

Health Care Weekly Preview from ML Strategies – October 2018 #2

While the House is out on recess, the Senate continues to be in session. This week the Senate has some non-health care related hearings scheduled as well as nomination hearings. We are looking for signals for a deal to finish...more

Hodgson Russ LLP

The Office of the Medicaid Inspector General Publishes its 2017 Annual Report

by Hodgson Russ LLP on

The New York State Office of the Medicaid Inspector General published its 2017 Annual Report on October 4, 2018. The OMIG is charged with mitigating fraud and abuse in the Medicaid program. The OMIG Annual Report summarizes...more

Hodgson Russ LLP

Department of Education Issues Final Rule Affecting Advanced Home Health Aides

by Hodgson Russ LLP on

The New York State Department of Education issued a Final Rule to implement Chapter 471. Chapter 471 amended the Education Law and the Public Health Law to authorize registered professional nurses (RNs) to assign additional,...more

Flaster Greenberg PC

Critical Update – New Veteran’s Improved Pension Rules: What It Means for U.S. Veterans & Their Families

by Flaster Greenberg PC on

Many veterans and their spouses with cognitive impairment or who require assistance with their activities of daily living rely on the Veterans Improved Pension to pay for their care. The benefit is a needs-based monthly...more

Poyner Spruill LLP

CMS Proposes Revisions to Hospice and Home Health Conditions of Participation

by Poyner Spruill LLP on

The Centers for Medicare and Medicaid Services (CMS) recently issued a proposed rule — Medicare and Medicaid Programs; Regulatory Provisions To Promote Program Efficiency, Transparency, and Burden Reduction — to revise...more

Littler

New York Court Nullifies Recent Emergency Amendment Codifying Longstanding "13-Hour Rule" for Home Care Industry

by Littler on

The home health care industry suffered a major setback on September 26, 2018, when the New York Supreme Court, New York County, ruled that the New York State Department of Labor's (NYDOL) emergency rulemaking amendment to the...more

Flaster Greenberg PC

Medicaid Caregiver Child Exemption Success Story in New Jersey: Home Saved & Nursing Home Paid

by Flaster Greenberg PC on

Flaster Greenberg’s seasoned elder law attorney, Jane M. Fearn-Zimmer, obtained a landmark Medicaid Final Agency Decision for her elderly, ailing client and her family after a three-year long dispute with the New Jersey...more

Hodgson Russ LLP

NYS Court Invalidates Rule Allowing Agencies to Pay 13 Hours for 24-Hour Shifts

by Hodgson Russ LLP on

On September 26, 2018, a New York State Supreme Court Judge ruled that the New York Department of Labor (“DOL”) Emergency Regulation WHICH permitted 24 hour live-in workers to receive 13 hours of pay for 24-hour shifts...more

Baker Ober Health Law

Proposed Home Health Regulations Add a Number of Key Substantive Changes

by Baker Ober Health Law on

In its proposed HH PPS regulations published in the Federal Register on July 12, 2018, CMS would implement substantive changes for home health agencies. The proposed rule would rebase the market basket and update the payment...more

Seyfarth Shaw LLP

Workplace Safety Comes To The Forefront For Expanding Healthcare Industry

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Employment in healthcare occupations continues to outgrow all other industries, as the American population continues to age and nursing home and hospital services expand. ...more

Farrell Fritz, P.C.

DOH Issues Request for Information for New LHCSA Need Methodology

by Farrell Fritz, P.C. on

As we previously reported, the 2018-19 New York State Budget passed in March includes significant provisions intended to reduce the number of Licensed Home Care Services Agencies (LHCSAs) around the state. ...more

Hodgson Russ LLP

Updates in the Home Care Industry - August 2018

by Hodgson Russ LLP on

EVV Delayed - President Donald J. Trump has signed legislation that will delay the electronic visit verification (“EVV”) requirement for Medicaid personal care services providers unti January 1, 2020. The legislation...more

Fisher Phillips

Protecting Employees From Patient Harassment: It’s No Laughing Matter

by Fisher Phillips on

“Claims of sexual harassment typically involve the behavior of fellow employees. But not always.” So begins a recent opinion from the 5th Circuit Court of Appeals that illustrates the dangers of failing to take an employee’s...more

Seyfarth Shaw LLP

DOL Guidance On Employer Status Of Caregiver Registries: Foreshadowing A More Tolerant Independent Contractor Approach

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Department of Labor Acting Administrator Bryan Jarrett issued Field Assistance Bulletin No. 2018-4 (“FAB”) on July 13, to guide Wage & Hour Division (“WHD”) field investigators on how to determine whether...more

Polsinelli

U.S. Department of Labor Issues Field Assistance Bulletin on Employee/Independent Contractor Classification for Home Care Workers

by Polsinelli on

On July 13, 2018, the U.S. Department of Labor (“DOL”) issued a Field Assistance Bulletin (“FAB”) to provide guidance to field-office staff regarding whether caregivers, such as nurses and health aides, qualify under the Fair...more

Fox Rothschild LLP

USDOL Issues Guidance On Independent Contractor Issues In The Home Health Care Industry—The More Things Change…

by Fox Rothschild LLP on

I am a big believer in advice from the U.S. Department of Labor. I have applauded the re-introduction of opinion letters and I welcome any published guidance (on any subject) so I can better advise/counsel my clients on...more

Baker Ober Health Law

If You're Reading This, You're Too Late: Key Drivers in Rising Health Care Defaults

by Baker Ober Health Law on

Health care bankruptcy filings more than tripled in 2017 as compared to 2016 with no end in sight to the financial struggles facing owners and operators in the sector. According to Bloomberg, health care bankruptcies have...more

Hodgson Russ LLP

NYS DOH Issues Medicaid Update

by Hodgson Russ LLP on

The New York State Department of Health’s June Medicaid Update notes that Medicaid beneficiaries who are enrolled into partial capitation MLTC plans will have a 90-day grace period to change plans before being subject to a...more

Hodgson Russ LLP

U.S. DOL Issues Guidance that will be Helpful to LHCSAs and Fiscal Intermediaries

by Hodgson Russ LLP on

On July 13, 2018, the United States Department of Labor Wage and Hour Division (WHD), issued guidance summarizing the standards by which the WHD will determine whether a home care, nurse, or caregiver registry is an employer...more

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