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Home Healthcare Workers Healthcare Home Health Care

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

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?

Littler on

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

Littler on

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

FordHarrison on

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

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

Seyfarth Shaw LLP on

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

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

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

FordHarrison on

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

FordHarrison on

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

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

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

Fisher Phillips

USDOL "Companionship", "Live-In Domestic" Enforcement Coming

Fisher Phillips on

The U.S. Labor Department has now announced that, beginning on November 12, it will start enforcing its revised regulations governing the Fair Labor Standard Act's Section 13(a)(15) "companionship" exemption and Section...more

Franczek P.C.

U.S. Supreme Court Denies Stay of the DOL Wage Rule for Home Care Workers

Franczek P.C. on

The Department of Labor (DOL) promulgated a rule that brings home care workers, employed by third parties, within the protection of the Fair Labor Standards Act (FLSA). As a result, those home care workers employed by an...more

Littler

Supreme Court Denies Further Stay of Department of Labor's Home Care Rule; Effective Date is Imminent

Littler on

On August 21, 2015, the U.S. Court of Appeals for the D.C. Circuit upheld the U.S. Department of Labor’s (DOL) Home Care Rule and reversed the lower court’s decisions vacating the new rule. On October 6, 2015, the U.S....more

Franczek P.C.

Many Home Companionship Workers No Longer Exempt

Franczek P.C. on

Agencies and other third-party employers of live-in household employees and home companionship providers, take note: the long-delayed regulations reclassifying many of these workers as non-exempt employees entitled to minimum...more

Robinson & Cole LLP

U.S. Court of Appeals Reinstates Labor Department’s Wage Rule for Home Care Workers

Robinson & Cole LLP on

On August 21, 2015, the United States Court of Appeals for the District of Columbia Circuit (DC Circuit) reinstated Department of Labor (DOL) regulations that require home care agencies and other third-party employers of...more

Hinshaw & Culbertson LLP

Court Revives DOL's Expanded Overtime and Minimum Wage Rules for Home Health Care Workers

On August 21, 2015, the U.S. Court of Appeals for the District of Columbia in Home Care Association of America v. Weil reversed a lower court decision and upheld the U.S. Department of Labor's (DOL) 2013 regulatory change...more

Williams Mullen

Court Awards Employees of Home Health Care Companies Minimum Wage and Overtime Rights

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Home health care providers could expect to pay their employees more after the Court of Appeals for the D.C. Circuit held an exemption of the Fair Labor Standards Act (FLSA) no longer applies to third-party employers of...more

Akerman LLP - HR Defense

D.C. Circuit Reinstates Home Health Care Regulations

Earlier this year, we brought news that the DOL had revised its regulations applicable to home health care workers. Those regulations, which related to domestic workers who provide “companionship services,” narrowed...more

Ballard Spahr LLP

Nearly 2 Million Home Care Workers Now Qualify for Minimum Wage, Overtime Protections

Ballard Spahr LLP on

The U. S. Court of Appeals for the District of Columbia Circuit unanimously upheld a Department of Labor (DOL) rule which extended the Fair Labor Standard Act’s (FLSA) minimum wage and overtime protections to certain home...more

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