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:: NAHC Report
 
NAHC Report: Issue# 2553, 11/20/2014
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ARTICLE ARCHIVES MEMBER RESOURCES eNEWSLETTERS CARING STORE
Companionship Services Lawsuit Advances
HHS Secretary Burwell announces Region IX Director of HHS
For Your Information: Mastering Financial Management and Calculation of the Hospice Aggregate Cap — Web Event
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Companionship Services Lawsuit Advances
Court Ruling Expected Next Month

NAHC’s lawsuit challenging the US Department of Labor rule that virtually eliminates the Fair Labor Standards Act (FLSA) exemptions for “companionship services” and “live-in domestic services” was presented to federal US District Judge Richard J. Leon on Wednesday, November 19, 2014. Judge Leon heard oral arguments on the pending cross-motions for summary judgment. The judge indicated that he intends to issue a ruling in December, prior to the January 1, 2015 effective date of the new rules.

At issue in the lawsuit is whether the US Department of Labor acted beyond the scope of its authority when it issued the rule that eliminates the application of both exemptions where the worker is employed by a home care agency or other entity rather than directly and exclusively by the consumer of services or someone in their household. In addition, the lawsuit challenges the redefinition of “companionship services” in a manner that obliterates any application to the personal care services usually provided by home care companies.

At the hearing, NAHC argued that the Labor Department (DoL) rule is equivalent to an “administrative fiat” in that is turns around a nearly 40 year standard on the overtime exemptions, contrary to the plain language of the FLSA, in contravention to express congressional intent, and in conflict with the US 2007 Supreme Court decision in Long Island Care at Home v. Coke. Of late, the White House has been under fire on a number of fronts for usurping the power of Congress and using rule changes to get a policy change that Congress does not support.  A big part of the NAHC argument is that Congress had the chance three times to change the FLSA to do what the Department of Labor is doing in its rule change, but rejected those changes. Such is a significant indication of congressional intent - especially when such actions occur after a Supreme Court upheld the original exemption rules.

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HHS Secretary Burwell announces Region IX Director of HHS

Health and Human Services Secretary Sylvia M. Burwell recently announced the appointment of Melissa Stafford Jones as the Region IX Regional Director. 

"I am delighted to welcome Melissa Stafford Jones to our team of regional directors at HHS,” said Secretary Burwell. “Melissa is a devoted public servant, and I look forward to working with her to help the people of Arizona, California, Hawaii, Nevada and the U.S. Pacific territories secure the building blocks of healthy, productive lives.”

As a Regional Director, Stafford Jones will serve as a key representative of the Department of Health and Human Services in working with federal, state, territorial, local, and tribal officials on health and social service issues, including implementation of the Affordable Care Act.

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Mastering Financial Management and Calculation of the Hospice Aggregate Cap
Next Web Event: Tuesday, December 2, 2014 from 1:00 PM – 2:30 PM EST

In recent years, an increasing percentage of hospices have exceeded their aggregate CAP; similarly, a growing percent of hospices are ending their CAP year close to the CAP threshold. A provision of the recently-enacted IMPACT Act (P.L. 113-185) will slow the annual rate of growth of the aggregate CAP, potentially placing more hospices at risk for a CAP liability. The Centers for Medicare & Medicaid Services (CMS) has mandated that hospices - beginning with the 2014 CAP year, November 1, 2013 through October 31, 2014 - calculate and self-report their hospice aggregate CAP status and submit payment of any associated liability within 5 months of the close of the CAP year.

Given these changes, it is prudent that every hospice program more closely monitor its aggregate CAP status throughout the course of the year. Accuracy and appropriate timing of the CAP calculation play a critical role in minimizing interim payments, as does knowledge of a hospice's options related to Extended Repayment Schedules (ERS).This session will provide attendees with general knowledge and skills to effectively monitor their aggregate CAP, and manage CAP reporting as well as any associated CAP liabilities.

Program will be led by:

  • Val J. Halamandaris, JD, President, NAHC, Washington, DC
  • William T. (Ted) Cuppett, BS, CPA, Managing Partner, The Health Group, LLC, Morgantown, WV
  • Theresa Forster, Vice President for Hospice Policy and Programs, NAHC, Washington, DC

Continuing Education Credits Offered to:

Accounting: 2.0 CPE Credits
Nursing: 1.5 CNE Credits for 90 minutes 

Registration Fee

Registration Only:  $125.00 NAHC Members / $225.00 Non-Member
Recording Only:  $125.00 NAHC Members / $225.00 Non-Member
Package (Registration and Recording):  $150.00 NAHC Members / $300.00 Non-Member

Click Here to Register for this Web Event!

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