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  NAHC Report: Issue# 2821, 1/7/2016
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Overtime Lawsuit: Supreme Court Updatev
National Quality Forum Advances Hospice Quality Measures
For Your Information: 2016 Private Duty Home Care Conference
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Overtime Lawsuit: Supreme Court Update

Crucial support has emerged in the efforts to invalidate the new Department of Labor (DoL) rules that trigger overtime pay obligations for home care aide services. An “amicus curiae” brief has been filed by a collaborative of states along with a second brief submitted by two national disability rights organizations urging the U.S. Supreme Court to hear the lawsuit brought by the National Association for Home Care & Hospice (NAHC) and other home care associations challenging the validity of the new DoL rules affecting the “companionship services” and “live-in domestic services” exemptions under the Fair Labor Standards Act (FLSA). These supporting briefs are important in that the Supreme Court decides to hear cases on the basis of whether the issues presented have significant public importance.

The state brief explains that the new rules have great impact on the public health program, Medicaid, and the states that fund that program. The brief from the disability rights groups focuses on the negative impact on persons with disabilities caused by the rules that increase care costs, but do not require increased funding support.

The Attorney Generals from Kansas, Arizona, Arkansas, Georgia, Michigan, Nevada, North Dakota, Oklahoma, Texas, Utah, Wisconsin, and Wyoming joined together. Their brief argues that the new rules impose “a new and unforeseen unfunded liability on the States.” Further, the brief states that “the new rule both vastly expands the States’ financial liability for such programs and necessarily undermines their sovereignty without any statement—much less a ‘clear statement’—of congressional intent to impose such a result.”

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National Quality Forum Advances Hospice Quality Measures

As reported in the December 2, 2015 issue of NAHC Report, each year the National Quality Forum (NQF) convenes its Measure Applications Partnership (MAP) to review standardized performance measures that the Department of Health & Human Services (HHS), including the Centers for Medicare & Medicaid Services (CMS) is considering for use in federal health programs. In late November the MAP released its plan for the current review cycle; the plan included two specific measures under consideration for the Hospice Quality Reporting Program (HQRP), one for oncology care and timely referral to hospice, and six measures under consideration for the Home Health Quality Reporting Program (HHQRP). Also under consideration is an advance care plan measure for the Medicare Shared Savings Program (MSSP). Coverage of the latest action related to the home health measures was reported in the January 6 issue of NAHC Report. This article will address hospice quality measures developments.

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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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