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  NAHC Report: Issue# 2794, 11/20/2015
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Appeal Filed with Supreme Court on Overtime Lawsuit
Update: More Lawmakers Cosponsor the Home Health Care Planning Improvement Act
For Your Information: 2016 Private Duty Home Care Conference
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Appeal Filed with Supreme Court on Overtime Lawsuit

The National Association for Home Care & Hospice (NAHC) and its co-plaintiffs took their challenge to the validity of U.S. Department of Labor (DoL) rules impacting overtime compensation for certain home care employees to the U. S. Supreme Court late last week. A Petition for Writ of Certiorari to the Supreme Court was filed on November 19, challenging the DoL rules that significantly changed the “companionship services” and “live-in domestic services” exemptions to the Fair Labor Standards Act (FLSA) provisions on minimum wages and overtime compensation.

The appeal comes just short of a year after the U.S. District Court issued its decision finding that the DoL exclusion of third-party employers (home care companies) from “availing themselves” of the exemptions violated the plain language of the FLSA. District Judge Leon found that the purpose of the exemptions is to help make home care affordable for the elderly and persons with disabilities.

On appeal to the U.S. Court of Appeals for the District of Columbia, a three judge panel reversed the lower court’s decision, concluding that the Supreme Court previously foreclosed any argument as to whether the FLSA plain language required the inclusion of third-party employers. As of October 13, 2015, the challenged rules are in effect across the country.

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Update: More Lawmakers Cosponsor the Home Health Care Planning Improvement Act

Additional cosponsors have joined the Home Health Care Planning Improvement Act (S. 578/H.R. 1342) in order to allow non-physician practitioners (NPPs) to certify Medicare home health services. The legislation 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.

The Senate version now has a total of 41 bipartisan cosponsors, and the House version has a total of 160 bipartisan cosponsors.

This week, Senator Joni Ernst (R-IA) joined the legislation as a cosponsor in the Senate. In the House, Representatives Tom Emmer (R-MN), Beto O’Rourke (D-TX), Katherine Clark (D-MA), Trent Kelly (R-MS), Marcy Kaptur (D-OH), Ted Lieu (D-CA), and Pete Aguilar (D-CA) joined the legislation as cosponsors.

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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.

Click Here for More Information!


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