Viewing: Labor Regulations
January 14, 2015
A US District Court has issued an order vacating the narrowed companionship definition in the Department of Labor’s (DOL’s) Home Care Rule. This, combined, with the court's previous order on the third party employer provision of the rule, means that almost the entire home care rule has now been vacated.
December 31, 2014
The United States District Court for the District of Columbia has issued a partial summary judgment on two pieces of a lawsuit filed by the Home Care Association of America and other plaintiffs related to the Department of Labor’s (DOL’s) Home Care Rule. The decision notes that after consideration of the parties’ pleadings, the arguments of counsel and relevant law, and the entire record in this case, plaintiffs’ motion for a partial summary judgment is granted, defendant’s motion is denied and the third party employer restriction in the regulation, scheduled to go into effect on Jan 1, is vacated.
December 20, 2014
DOJ and HHS issued a joint letter signaling that states who cap direct support professionals’ (DSP’s) hours in response to the new rule may violate their Olmstead obligations if they don’t include an exceptions process. Also, a federal judge will issue a ruling on the third party employer prohibition this month.
December 17, 2014
GAO has delivered a report to Congress examining the likely impact of DOL’s Home Care Rule. GAO examined (1) changes DOL made in the Home Care Rule and factors it considered during the rulemaking process, (2) the potential effects of the rule identified by key stakeholders, and (3) steps DOL has taken to help state Medicaid agencies and other stakeholders understand and comply with the Home Care Rule.
November 24, 2014
The National Association of State Directors of Developmental Disabilities Services (NASDDDS), the American Network of Community Options and Resources (ANCOR) and the National Association of States United for Aging and Disabilities (NASUAD) have developed a model shared living contract designed to be used as a template by providers entering into certain shared living arrangements, often called adult foster care or host homes.