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  NAHC Report: Issue# 2757, 9/28/2015
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NAHC Seeks Stay from Supreme Court in Overtime Lawsuit
NAHC Initiates Survey on the Role of Non-Physician Practitioners in Home Care
For Your Information: 2015 Annual Meeting Deadlines
Job Corner: Assistant Vice President, Home Health/Hospice – Full Time
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NAHC Seeks Stay from Supreme Court in Overtime Lawsuit

The National Association for Home Care & Hospice (NAHC), along with its co-plaintiffs, filed an Emergency Application to Stay the Court of Appeals overtime lawsuit ruling with the U.S. Supreme Court until the Supreme Court has the opportunity to review the merits of an appeal fully. The application for a stay is needed to prevent the Department of Labor (DOL) rules from taking effect on or about October 13, 2015. As previously indicated in NAHC Report (see previous article here), the Court of Appeals issued a “per curiam” ruling that denied NAHC’s request for a stay as well as the DOL request to expedite the court’s mandate. That meant that NAHC had to shift the matter to the Supreme Court.

The stay application is directed to Chief Justice John Roberts as he is responsible for emergency motions involving the U.S. Court of Appeals for the District of Columbia Circuit. Generally, the Supreme Court justices give the other party in the lawsuit several days to reply to the application for an emergency stay prior to the Justice issuing a ruling. It is expected that Chief Justice Roberts will rule before the October 13 deadline and very likely within the next 10 days.

In its brief supporting the application, NAHC and its co-plaintiffs explain that the Court of Appeals ruling erroneously found that an earlier Supreme Court ruling involving the overtime exemptions foreclosed any consideration as to whether the “plain language” of the Fair Labor Standards Act (FLSA) prohibited the DOL new rules. The original federal District Court ruling issued in January held that FLSA exemptions clearly are applicable to employees of third-party employers (home care companies).

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NAHC Initiates Survey on the Role of Non-Physician Practitioners in Home Care

In an effort to strengthen advocacy efforts to gain authority for non-physician practitioners (NPPs) to certify Medicare home health services, the National Association for Home Care & Hospice (NAHC) has developed a survey on the role of NPPs in home care. Reliance on NPPs as primary practitioners is growing among Medicare beneficiaries across the country. However, Medicare remains stuck in the 1960s by allowing only physicians to establish the patient’s plan of treatment and to certify Medicare eligibility for the home health services benefit. That antiquated policy is in contrast to the changes in state practice laws that permit nurse practitioners, physician assistants, and clinical nurse specialists to prescribe home health services.

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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!

Assistant Vice President, Home Health/Hospice – Full Time


The Assistant Vice President, Home Health/Hospice executes direct administration of the Penn Highlands Healthcare System Home Health and Hospice departments as evidenced by achieving results in clinical quality, service excellence, human resources management and financial management. The Assistant Vice President assists in developing and implementing a strategic plan for the growth and development of the System's home health and hospice services.


  • Bachelors Degree in Nursing, Business Administration, or related field required; Masters Degree in Nursing, Business Administration, or related field preferred.
  • System management experience preferred.
  • Five years home health/hospice nursing experience required;
  • Two years management experience in home health/hospice setting required.
  • Demonstrates effective communication and collaboration skills with physician and all other members of the health care team
  • Progressive and successful work history
  • Specialty certification preferred

Penn Highlands DuBois is the best of modern health care technology, plus the best of small town America!

Located in the midst of the beautiful rolling hills and woodlands of Pennsylvania, you don't have to be a native to feel at home here. No matter where your roots, you'll quickly recognize that the staff at Penn Highlands DuBois (PHD), like other residents of the community, will make you feel right at home.

Penn Highlands DuBois (PHD) offers residents of west central Pennsylvania a rare combination of technologically advanced health care in a warm, friendly environment. Widely recognized as one of the leading health centers of its kind in the commonwealth, PHD is an oasis of clinical and technical excellence, with a focus on patient-centered care. Its rural setting is just far enough from the hustle of the city life to make it peaceful, but close enough to provide easy access to sought-after urban attractions.


KEYWORD SEARCH:  2015-8245

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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