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  NAHC Report: Issue# 2589, 1/21/2015
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NAHC Wins Lawsuit: What Home Care Providers Need to Know Now
Senate HELP Committee to Hold a Hearing the Week on Legislation that would Change the ACA Definition of “Full Time” to 40 Hours
For Your Information: NAHC and HHNA’s Nurse Recognition Program Now Seeking 2015 Nominations for the Home Care & Hospice Nurse of the Year
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NAHC Wins Lawsuit: What Home Care Providers Need to Know Now
Court Invalidates Department of Labor Overtime Rule

The federal District Court for the District of Columbia issued an Order on January 14, 2015 invalidating the new regulation that defines “companionship services” under the Fair Labor Standards Act exemption from minimum wage and overtime compensation. This is the second victory in the case, following the December 22, 2014 decision that invalidated the Department of Labor’s new rule that blocked the application of the exemption when the home care worker was employed by a home care agency. Together, the two rulings from the court reinstate the standards for the longstanding exemption. 

Judge Richard J. Leon ruled that “the statutory language of the exemption makes clear that companionship services are services provided to elderly and disabled individuals who are ‘unable to care for themselves.’”  He found that while there may be some ambiguity in the term “companionship services,” Congress did not give the Department of Labor (DoL) a “blank check” to define it in a way that contradicts the law itself.

The DoL attempted to redefine “companionship services” by restricting the amount of time a home care worker could spend on personal care to no more than 20% of the total hours worked in a week. Given that the central element of “companionship services” under the law passed by Congress is care, Judge Leon concluded that “limiting that care to only 20 percent of a worker’s total hours defies logic, and Congressional intent.”

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Senate HELP Committee to Hold a Hearing the Week on Legislation that would Change the ACA Definition of “Full Time” to 40 Hours
NAHC members encouraged to contact their senators and urge them to support this legislation, which has already passed the House

The Senate Committee on Health, Education, Labor and Pensions (HELP) has scheduled a hearing for tomorrow, January 22 on defining full-time work. The House recently passed legislation that defines “full time work” as 40 hours, rather than the current definition under the Affordable Act (ACA) of 30 hours.

The ACA includes an “employer mandate” that penalizes employers for not providing health insurance for their “full time” workers. However, a full time worker is defined as an employee who works just 30 hours a week and not the widely recognized standard 40 hour work week.

Home care agencies that are unable to provide health insurance or absorb the ACA penalties will have to restrict their employees to no more than 29 hours per week to ensure their workers are considered part-time under the ACA.  This would weaken patient access to care, reduce wages and working hours of home care staff, and require home care companies to rely on part-time caregivers.

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NAHC and HHNA’s Nurse Recognition Program Now Seeking 2015 Nominations for the Home Care & Hospice Nurse of the Year
February 14 deadline fast approaching

NAHC and its affiliate the Home Healtcareh Nurse’s Association is seeking nominations for the 2015 Nurse of the Year. NAHC runs the Home Care & Hospice Nurse of the Year campaign to further recognize a nurse who stands for the highest standards of care. The top 10 nurses chosen by the selection committee will be eligible for the Nurse of the Year award. Then the final decision falls to NAHC members and the public. Voting begins this summer on the NAHC website, and the winner will be announced at the 2015 NAHC Annual Meeting in October.

Eligibility Requirements

Any registered nurse currently employed by a NAHC member agency is eligible for the Nurse Recognition Program. The nominated nurse should embrace the program’s spirit and exhibit the following attributes:

  • Does the nurse’s story paint a positive picture of home care and hospice?
  • Does the story show that the nurse provided exceptional care?
  • Does the applicant demonstrate excellence in nursing through credentials, awards, and honors?
  • Did the applicant make a difference in their patients’ lives?
  • Did the applicant inspire us to be our best?

Special Cases

Agencies may nominate telemonitoring nurses who do not visit patients or hospice nurses whose patients are deceased. In these cases, it may not be possible to obtain a photo that depicts the nurse with the patient. If so, agencies may submit separate photos of the patient and the nurse, but photo release forms are still required for a nurse’s story to appear in CARING. If the patient is deceased, or if they are a minor, an adult family member may complete and sign the release form.

Online Application

Each nomination must be submitted using the online form available on the NAHC and HHNA websites. Use the online form to provide background information on the nurse, along with contact information for the agency and the nurse. Please provide separate contact information for nurses who do not work out of the agency’s central office.

For more information on the Nurse of the Year program and submission guidelines, please click here.

Director of Finance. VNA Care Network & Hospice, Inc., Southborough, MA

Reporting to the Chief Financial Officer/Chief Operating Officer the Director of Finance will oversee and actively participate in the accounting, budgeting, cost reporting, accounts payable, billing and cash flow systems of the Network and affiliates. BS Accounting required, MBA and CPA preferred. Minimum 4  years of experience in Home Health financial management and experience in personal computer spreadsheet applications.

Please forward your resume and cover letter with salary requirements to Ann Bohac, HR Recruiter VNA Care Network & Hospice at or visit our website at


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