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:: NAHC Report
 
  NAHC Report: Issue# 2751, 9/18/2015
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ARTICLE ARCHIVES MEMBER RESOURCES eNEWSLETTERS CARING STORE
Court Rejects Competing Motions in Overtime Lawsuit: Request for Stay to be Filed with U.S. Supreme Court
CMS Clarifies Surveyor Training Instructions
For Your Information: 2015 Annual Meeting Deadlines
Job Corner: VNA Care Network & Hospice, Inc.
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Court Rejects Competing Motions in Overtime Lawsuit: Request for Stay to be Filed with U.S. Supreme Court

On late Friday, September 18, 2015, the U.S. Court of Appeals for the District of Columbia Circuit denied NAHC’s pending Motion to Stay and the Department of Labor (DOL) Motion to Expedite the judgment that reinstates the overtime compensation rules affecting home care aide services. NAHC and its co-plaintiffs are now preparing to file a request to the U.S. Supreme Court to put the challenged rules on hold until the Court has the opportunity to consider whether it wants to hear the appeal on its merits. If the stay is not granted by the Supreme Court, it is expected that the “companionship services” and “live-in domestic services” rules that change the standards for exemption from overtime compensation will go into affect on October 13.

The Court of Appeals rejected the competing motions in a “per curiam” opinion, a summary decision by the three judges that heard the case in the original DOL appeal. No explanation is given in a per curiam judgment; it offers only the outcome of the ruling.

The next step in the litigation is a request for a stay directed to the U.S. Supreme Court. Such request is heard by Chief Justice Roberts as he is assigned reviews of emergency motions involving decisions from the U.S. Court of Appeals for the District of Columbia Circuit.

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CMS Clarifies Surveyor Training Instructions

The Centers for Medicare & Medicaid Services (CMS) has provided clarification in their survey training instructions regarding citing home health agencies (HHA) for Condition-level deficiencies.

CMS revised the HHA survey protocols in 2011. The revised protocols provide guidance to surveyors for when a Condition-level deficiency should be considered. Apparently, CMS’ training implied to surveyors that whenever a Condition-level deficiency is considered, the Condition should be cited. 

In their clarification, CMS states the protocols are to serve as a guide and not be so prescriptive as to preclude surveyor judgment when determining when to cite a Condition-level deficiency.

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2015 Annual Meeting Deadlines

Register Today!

NAHC’s Annual Meeting is October 28-30, in Nashville, Tenn. A limited number of discounted rooms are available through September 28. To register for the conference and book your room for the hotel, click here.

Remember: The Early Bird registration rate for the conference expires on October 11. To get the lowest rate, register now!

VNA Care Network & Hospice, Inc. Southborough, MA

Reporting to the Chief Financial Officer/Chief Operating Officer the Controller 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 and CPA required.  Minimum 3-5 years of experience in health care financial management. Home Care experience preferred.

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

 

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