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:: NAHC Report
 
  NAHC Report: Issue# 2787, 11/9/2015
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ARTICLE ARCHIVES MEMBER RESOURCES eNEWSLETTERS CARING STORE
Overtime Lawsuit: Emerging Questions and Options for Consideration
Home Health Care Planning Improvement Act Reaches 40 Cosponsors in the Senate
For Your Information: 2016 Private Duty Home Care Conference
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Overtime Lawsuit: Emerging Questions and Options for Consideration

As the National Association for Home Care and Hospice (NAHC) lawsuit challenging the U.S. Department of Labor’s rules affecting overtime compensation to personal care aides and live-in caregivers moves on to the U.S. Supreme Court, home care companies are taking steps to adjust their business practices to comply with the new rules. As NAHC has earlier indicated, with the Application for a Stay of the Court of Appeals ruling rejected by Chief Justice Roberts, the new rules came into effect on October 13, 2015. The rules will be in effect throughout the Supreme Court appeal.

Home care companies have taken a wide variety of actions to address the new requirements that create overtime compensation obligations. Some companies have limited the work hours of staff to avoid or minimize any overtime hours. Others have raised charges to cover the new cost. Some have implemented new compensation systems that accommodate the overtime obligation while providing some controls on the total cost of overtime.

One such model is a flat salary that is paid without regard to the number of hours worked. Overtime remains an obligation under such a model. However, the model contains and controls to a degree the total compensation paid. If done properly, the model complies with the federal Fair Labor Standards Act under 29 CFR 778.114, a rule that sets the standards for compliant compensation using a fixed salary for fluctuating workweek hours.

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Home Health Care Planning Improvement Act Reaches 40 Cosponsors in the Senate

The Home Health Care Planning Improvement Act (S. 578/H.R. 1342), which would allow non-physician practitioners (NPPs) to certify Medicare home health services, continues to receive more and more bipartisan support in both the U.S. Senate and House of Representatives thanks to the great work of the home care and hospice community. A total of 40 bipartisan members of the U.S. Senate have now cosponsored the bill, along with 153 bipartisan members of the U.S. House of Representatives.

The milestone of 40 cosponsors in the Senate is significant because that was the original goal that the National Association for Home Care & Hospice (NAHC) set. Now, NAHC has set the new goal of achieving 50 Senate cosponsors, in order to continue building momentum for the legislation and increase the likelihood of its passage.

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2016 Private Duty Home Care Conference

At the Private Duty Home Care Conference, you’ll participate in education sessions on marketing and operations tactics, financial acuity, staff recruitment and retention, and more. You’ll hear from leaders and experts at lectures, roundtables, panel discussions, and more. You’ll learn from success stories and pioneering strategies with statistical analysis, data-driven forecasting, improvement studies, and more. Our conference faculty will guide you through legal and regulatory changes. We value what Private Duty brings to the industry and we support your business achievements.

The Private Duty Home Care Conference will feature one-and-half days of speakers, education sessions, and networking opportunities in charming Charleston, South Carolina where you’ll enjoy special rates at the Doubletree Hotel in the heart of the Market District. Reserve your room now to take advantage of our special low rate of $159 while rooms are still available.

This conference is where you can get real solutions to real issues. So, together we can make real progress.

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