Beyond Hospice: Home Health Agencies Plagued by UPICs and SMRCs
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
This morning, the United States Court of Appeals for the District of Columbia upheld the federal Department of Labor’s revisions to the “companionship exemption” under the Federal Labor Standards Act. Home Care Association of...more
The United States Court of Appeals for the D.C. Circuit in Home Care Association of America v. Weil reinstated the U.S. Department of Labor’s regulations extending the federal minimum wage and overtime requirements for home...more
On July 10, 2015, CMS published in the Federal Register the CY 2016 Home Health Prospective Payment System proposed rule effective for episodes ending on or after January 1, 2016. CMS estimates that the net impact of the...more
As we have previously reported, a federal district court for the District of Columbia recently vacated new U.S. Department of Labor regulations promulgated under the Fair Labor Standards Act, which (1) barred third-party...more
On January 23, 2015, the United States Department of Labor (DOL) filed a notice of appeal with the United States Court of Appeals for the District of Columbia (District Court) challenging two rulings in the case of Home Care...more
On January 14, 2015, Judge Richard J. Leon of the D.C. Federal District Court issued another favorable opinion for home care employers by vacating a Department of Labor regulation that would have narrowed the definition of...more