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…