State Bill Aiding Unionization in Home-Based Care Could ‘Set a Precedent’ Nationwide

Traditionally, the home-based care world has been mostly void of massive unionization efforts among its workers.

But that could change soon, thanks to a new ruling out of California related to “Assembly Bill 2455,” which the state passed in 2018. The bill aims to allow home-based care workers’ contact information to be unveiled, which gives unions the opportunity to contact workers on a more meaningful scale.

While the bill was passed a few years ago, home care associations have worked to block it, even filing suit in federal court. A federal district court heard dueling motions for summary judgment in the case earlier this month.

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GAO Report: Home Care Rule Led to Difficulty Accessing Care, Not Higher Pay

The Home Care Rule, created by the Department of Labor in 2015 to extend wage and overtime provisions to home care workers, resulted in patient difficulty accessing care, the end of some services, and limits on working hours for home care aides, but did not result in higher pay for those workers, according to a…

Supreme Court Clears Public Charge Rule, Possible Big Impact on Home-based Care

On January 27, a sharply divided United States Supreme Court narrowly ruled in favor of the Trump administration to enforce a controversial rule that is likely to make it more difficult for poor immigrants to receive green cards. The Department of Homeland Security rule, better known as the “Public Charge,” will allow the federal government…

The Year in Review: Home Health and Hospice in Congress in 2019

Congress Actively Pursued Key Home Health and Hospice Concerns NAHC scored some big victories for patients and providers While 2019 was frequently marked by intense partisan wrangling in Congress, a year-end review by the National Association for Home Care & Hospice (NAHC) shows that elected officials still found time to pursue a number of issues…

Provision in Connecticut Budget Threatens Home Care in that State

Buried on page 417 of the Connecticut budget this year is a seemingly obscure provision – section 305 – that would make it illegal for home care agencies in the state to use non-solicitation clauses when they hire new employees. If signed into law by Governor Ned Lamont, home care agencies would lose the right…

CMS Abandons Rule Allowing Medicaid to Pay Home Health Worker Union Dues

The Centers for Medicare & Medicaid Services (CMS) on Thursday finalized a rule that will not allow home health care worker unions to receive dues from state Medicaid payments. “This final rule is intended to ensure that providers receive their complete payment, and that any circumstance where a state redirects part of a provider’s payment…

Department of Labor Rules on when Workers from Home Care Registries are Employees

A memo from the United States Department of Labor Wage and Hour Division to field staff states that a registry that merely refers caregivers to clients, but controls no terms or conditions of the caregiver’s employment to be outside the purview of the Fair Labor Standards Act (FLSA). Home care registries typically match elderly and…