News & Analysis as of

Home Healthcare Workers Healthcare

Nelson Hardiman, LLP

Will Gradual Wage Hikes Help or Harm Healthcare? New Wage Mandates Took Effect June 1, 2024

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California lawmakers continuously grapple with the “Iron Triangle” of healthcare—a principle positing that cost, quality, and access are interdependent, with any improvement in one area likely necessitating compromises in the...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

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

Littler

New York State Budget Brings Sweeping Changes to the Home Health Care Industry

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Governor Hochul signed the New York State Budget for fiscal year 2023-2024 into law on May 3, 2023, bringing with it sweeping changes to the way home health care agencies and home care staffing agencies in the state will...more

Robinson+Cole Health Law Diagnosis

CMS Proposes New Rule that Would Require 80% of Payment to Go Toward Home Care Worker Compensation

On April 27, 2023, the Centers for Medicare & Medicaid Services (CMS) released a Notice of Proposed Rulemaking entitled Ensuring Access to Medicaid Services (Proposed Rule) which would, among other things, establish...more

Robinson+Cole Health Law Diagnosis

New York State Department of Health Releases Administrative Guidance for LCHSAs’ Licensure Amendments

The New York State Department of Health (DOH) recently released a “Dear Administrator Letter” (DAL) DHCSB 22-02 for Licensed Home Care Services Agencies (LCHSAs).  The DAL addresses guidance and procedures for LCHAs as they...more

Epstein Becker & Green

OSHA Issues COVID-19 Emergency Temporary Standard

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On June 10, 2021, the Occupational Safety and Health Administration (“OSHA”) issued a long-awaited Emergency Temporary Standard (“ETS”) to protect health care workers from COVID-19. This new temporary standard applies to...more

Jackson Lewis P.C.

Virginia Paid Sick Leave For Home Health Workers

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Effective July 1, 2021, Virginia joins the District of Columbia and many other states with paid leave for designated workers (Virginia’s Paid Sick Leave Law), home health workers in this case. Paid sick leave is compensated...more

Foley & Lardner LLP

Managing the Commercial Impact of the Coronavirus: Sixteen Counties and Three Cities in California Under Shelter In Place Order or...

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On March 19, 2020, California Governor Gavin Newsom issued an Executive Order requiring Californians to “stay at home or at their place of residence” until further notice except as needed to maintain continuity of 16...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

Littler

NY Court of Appeals Decision Saves the NY Home Care Industry – What’s Next for Home Care Providers?

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New York’s vast home care industry and those who rely on their services breathed a sigh of relief on March 26, 2019, when the New York Court of Appeals gave providers the green light to continue to pay home care aides for 13...more

Littler

A Paramount Reversal Just Saved the NY Home Care Industry

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The day most anxiously anticipated (or dreaded) by the vast home care industry in New York has arrived, and a huge sigh of relief from home care agencies and New Yorkers who rely on their services can be heard across the...more

FordHarrison

NY Court of Appeals Upholds 13 Hours Pay for 24-Hour Shift Home Health Aides

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Yesterday the New York Court of Appeals issued its long-awaited decision on 24-hour shift home health aides who work as “sleep-in” workers....more

Seyfarth Shaw LLP

Commission Decisions Confirm that Employers Must Take Action to Protect Employees from Workplace Violence

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Seyfarth Synopsis: In recent decisions—including Secretary of Labor v. Integra Health Management, Inc., No. 13-1124 (OSHRC Mar. 4, 2019)—the Occupational Safety and Health Review Commission (OSHRC) has upheld violations of...more

Seyfarth Shaw LLP

DOL Issues Opinion Letter Providing Guidance On The Legality Of Certain Non-Traditional Pay

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Seyfarth Synopsis: The DOL issued an opinion letter approving a pay model where an employer in the home health field payed its employees at an hourly rate for time spent with patients without additional hourly pay for time...more

Seyfarth Shaw LLP

Workplace Safety Comes To The Forefront For Expanding Healthcare Industry

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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

Littler

Seattle Passes Ordinance to Expand Employment Rights to Domestic Workers

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On July 27, 2018, Seattle Mayor Jenny Durkan signed into law the Domestic Worker Ordinance (“the DWO”). Effective July 1, 2019, the ordinance is expected to impact approximately 33,000 domestic workers in Seattle. ...more

Akerman LLP - Health Law Rx

CMS Postpones Pre-Claim Review Demonstration for Home Health Services

The Centers for Medicare & Medicaid Services (CMS) announced that it would postpone the initiation of the CMS Pre-Claim Review Demonstration for Home Health Services (the “Demonstration”) in Florida, which was scheduled to...more

FordHarrison

Individuals, Families, and Households and Those Who Jointly Employ Home Care Workers With Them are All Liable for Unpaid Overtime

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Claims by home care workers for unpaid overtime have risen steadily since the U.S. Department of Labor, in 2015, eliminated the federal overtime exemptions that allowed agency employers essentially to pay no overtime wage...more

FordHarrison

DOH Reverses Position on Overtime Pay Under The Wage Parity Act

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On November 2, 2015, the NYS Department of Health ("DOH") issued important notices affecting the wage and overtime obligations of New York City and Nassau, Suffolk, and Westchester County home care agencies....more

Epstein Becker & Green

Five Recent Developments in Labor and Employment Law That Health Care Employers Need to Know

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Recent actions by federal agencies and courts will have a direct impact on employers in the health care industry. While still wrestling with the changes wrought by the Affordable Care Act, health care employers will now need...more

BakerHostetler

DOL Final Rule Withstands Challenge, Mandates Changes for Home Health Employers

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The U.S. Court of Appeals for the D.C. Circuit recently reinstated regulations from the U.S. Department of Labor (DOL), extending federal minimum wage and overtime requirements to home health workers employed by third-party...more

McGuireWoods LLP

Washington Healthcare Update

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On Oct. 8, the House Republican caucus did not select a candidate for Speaker of the House and selection has been delayed. The current Speaker, John Boehner (R-OH), had announced that he would step down and retire from...more

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

Chief Justice Denial of Stay Request Clears Way for New FLSA Regulations Affecting Home Care Agencies to Go Into Effect October...

On October 6, 2015, Chief Justice John Roberts of the Supreme Court of the United States summarily denied the emergency stay application filed by the association plaintiffs in Home Care Association of America v. Weil. In the...more

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