Emerging Legal Trends in Home Care & Hospice Part 6: Wage & Hour Law

Please join Polsinelli Shareholder Angelo Spinola for a comprehensive overview of the most common pay practices utilized by home-based care providers that are targeted by the DOL and plaintiffs’ attorneys.  This presentation will include a review of the common challenges and best practices related to live-in and extended shift care programs, pay per visit and salary plus compensation structures for skilled clinicians, on-call, travel time, utilizing multiple pay rates and other common wage hour issues.  Mr. Spinola will also review the status of the litigation seeking to reinstate the prior overtime exemptions available to home care providers and other litigation and legislative developments.

Information on the Series

Beginning in May and continuing through December, NAHC will bring together the top experts in the industry to examine the most important legal topics in home care and hospice.

Home care and hospice is a highly regulated industry, as such, it forces providers to maintain a strong working knowledge of a bewildering array of legal issues just to stay in business — fortunately, NAHC has a solution. This 10-part webinar series offers an in-depth and practical analysis of the key legal topics every home care and hospice executive should understand.

Every part of your organization is impacted by legal and regulatory trends, that’s why we provide insight and guidance for every part of your organization from clinical to finance to legal. These webinars will help your entire organization stay ahead of the curve.

Faculty

  • Angelo Spinola, Shareholder, Polsinelli

Pricing

Individual Webinar
$29/member | $50/non-member
10-part Series
$199/member | $350/non-member

Webinars in the Series

May 6: Patient Acceptance and Discharge
May 19: Government Audits and Investigations
Jun 9: HIPAA 101: Back to Basics
Jul 14: Fraud and Abuse: Stark and Anti-kickback Law
Aug 11: Employment Law Issues
Sep 22: Wage & Hour Law
Oct: Survey and Certification: Terminations, Sanctions, Appeals
Oct: Payment Audits and Appeals
Nov: Managed Care Contracting
Dec: Legal Considerations in Mergers and Acquisitions

August 2021 Private Duty Data Point: Office Staff Turnover & Benefits

What happens when you hire the wrong office staff? To name a few, a poor hire can result in loss of clients, higher caregiver turnover, and ultimately a loss of profits. What happens when you hire the right office staff? The right hire can generate new ideas and solutions, create company stability, and bring peace of mind to the owner and upper management. Take time to measure your office staff turnover, get their feedback, assess their benefits, and make changes today to get the right people in the right seats in your office.

To get your full copy of the 2021 Study, visit benchmarking.homecarepulse.com and use the code NAHC25% for 25% off.

Emerging Legal Trends in Home Care & Hospice Part 6: Wage & Hour Law

Please join Polsinelli Shareholder Angelo Spinola for a comprehensive overview of the most common pay practices utilized by home-based care providers that are targeted by the DOL and plaintiffs’ attorneys.  This presentation will include a review of the common challenges and best practices related to live-in and extended shift care programs, pay per visit and salary plus compensation structures for skilled clinicians, on-call, travel time, utilizing multiple pay rates and other common wage hour issues.  Mr. Spinola will also review the status of the litigation seeking to reinstate the prior overtime exemptions available to home care providers and other litigation and legislative developments.

Information on the Series

Beginning in May and continuing through December, NAHC will bring together the top experts in the industry to examine the most important legal topics in home care and hospice.

Home care and hospice is a highly regulated industry, as such, it forces providers to maintain a strong working knowledge of a bewildering array of legal issues just to stay in business — fortunately, NAHC has a solution. This 10-part webinar series offers an in-depth and practical analysis of the key legal topics every home care and hospice executive should understand.

Every part of your organization is impacted by legal and regulatory trends, that’s why we provide insight and guidance for every part of your organization from clinical to finance to legal. These webinars will help your entire organization stay ahead of the curve.

Faculty

  • Angelo Spinola, Shareholder, Polsinelli

Pricing

Individual Webinar
$29/member | $50/non-member
10-part Series
$199/member | $350/non-member

Webinars in the Series

May 6: Patient Acceptance and Discharge
May 19: Government Audits and Investigations
Jun 9: HIPAA 101: Back to Basics
Jul 14: Fraud and Abuse: Stark and Anti-kickback Law
Aug 11: Employment Law Issues
Sep 22: Wage & Hour Law
Oct: Survey and Certification: Terminations, Sanctions, Appeals
Oct: Payment Audits and Appeals
Nov: Managed Care Contracting
Dec: Legal Considerations in Mergers and Acquisitions

OSHA Updates Guidance on Protecting Unvaccinated and At-Risk Workers from COVID-19

  • Medicare to pay for COVID-19 booster vaccines

The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) today issued updated guidance to help employers protect workers from the coronavirus. The updated guidance reflects developments in science and data, including the Centers for Disease Control and Prevention’s updated COVID-19 guidance issued July 27.

The updated guidance expands information on appropriate measures for protecting workers in higher-risk workplaces with mixed-vaccination status workers, particularly where there is often prolonged close contact with other workers and/or non-workers.

OSHA’s latest guidance:

  • Recommends that fully vaccinated workers in areas of substantial or high community transmission wear masks in order to protect unvaccinated workers;
  • Recommends that fully vaccinated workers who have close contacts with people with coronavirus wear masks for up to 14 days unless they have a negative coronavirus test at least 3-5 days after such contact;
  • Clarifies recommendations to protect unvaccinated workers and other at-risk workers in manufacturing, meat and poultry processing, seafood processing and agricultural processing; and
  • Links to the latest guidance on K-12 schools and CDC statements on public transit.

OSHA continues to emphasize that vaccination is the optimal step to protect workers and encourages employers to engage with workers and their representatives to implement multi-layered approaches to protect unvaccinated or otherwise at-risk workers from the coronavirus.

As part of the agency’s ongoing commitment to review the COVID-19 Healthcare Emergency Temporary Standard every 30-days, OSHA also said that the safeguards set forth by the standard remain more important than ever. After reviewing the latest guidance, science and data, and consulting with the CDC and partners, OSHA has determined the requirements of the healthncare ETS remain necessary to address the grave danger of the coronavirus in health care.

***

In other COVID-19 news, Medicare will pay for administering an additional dose of COVID-19 vaccine consistent with the FDA emergency use authorization (EUA). Medicare will pay the same amount to administer this additional dose as it did for other doses of the COVID-19 vaccine (approximately $40 each).

CMS expects to share more information in the coming days about billing and coding.

OSHA Updates Guidance on Protecting Unvaccinated and At-Risk Workers from COVID-19

Medicare to pay for COVID-19 booster vaccines The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) today issued updated guidance to help employers protect workers from the coronavirus. The updated guidance reflects developments in science and data, including the Centers for Disease Control and Prevention’s updated COVID-19 guidance issued July 27. The updated…

Emerging Legal Trends in Home Care & Hospice Part 5: Employment Law Issues

Please join Polsinelli Shareholder Angelo Spinola for a comprehensive overview of the major employment law issues and practices targeted for litigation in the home-based care industry. This presentation will include a discussion about the recruiting and retention challenges facing the industry and practical solutions for addressing the same, a review of the new OSHA emergency temporary standard and when it applies to home-based care providers, and an overview of the ever changing federal and state laws currently impacting the industry and strategies for complying with the same.

Information on the Series

Beginning in May and continuing through December, NAHC will bring together the top experts in the industry to examine the most important legal topics in home care and hospice.

Home care and hospice is a highly regulated industry, as such, it forces providers to maintain a strong working knowledge of a bewildering array of legal issues just to stay in business — fortunately, NAHC has a solution. This 10-part webinar series offers an in-depth and practical analysis of the key legal topics every home care and hospice executive should understand.

Every part of your organization is impacted by legal and regulatory trends, that’s why we provide insight and guidance for every part of your organization from clinical to finance to legal. These webinars will help your entire organization stay ahead of the curve.

Faculty

  • Angelo Spinola, Shareholder, Polsinelli

Pricing

Individual Webinar
$29/member | $50/non-member
10-part Series
$199/member | $350/non-member

Webinars in the Series

May 6: Patient Acceptance and Discharge
May 19: Government Audits and Investigations
Jun 9: HIPAA 101: Back to Basics
Jul 14: Fraud and Abuse: Stark and Anti-kickback Law
Aug 11: Employment Law Issues
Sep 22: Wage & Hour Law
Oct: Survey and Certification: Terminations, Sanctions, Appeals
Oct: Payment Audits and Appeals
Nov: Managed Care Contracting
Dec: Legal Considerations in Mergers and Acquisitions

Hill Hearing Highlights Differing Approaches to Support Direct Care Workers

July 20 hearing of the House of Representatives Committee on Education & Labor (E&L) revealed sharp differences in preferred solutions to the challenge of building a strong direct care workforce, even as members largely agreed what those challenges are and that the federal government has a role to play in overcoming them.

During the hearing, many Democrats expressed support for the Direct Creation, Advancement, and Retention of Employment (CARE) Opportunity Act (H.R. 2999), a bill introduced in May by E&L Chairman Rep. Bobby Scott (D-VA). That bill would allocate more than $1 billion in federal grants over five years to improve recruitment, career advancement, training and more for direct care workers. A slightly different companion bill in the Senate, the Supporting Our Direct Care Workforce and Family Caregivers Act (S. 2344) was also recently introduced last week.

While Republican lawmakers agreed during the hearing that fostering a strong direct care workforce is important, they raised concerns about the creation of a separate and standalone federal program focused on one specific kind of profession, arguing that it could be redundant and not flexible enough to meet unique local needs. Instead of new legislation, many Republican members touted re-authorization of the existing Workforce Innovation and Opportunity Act (WIOA) as a promising lever for workforce support, inclusive of but not exclusively focused on direct care workers. WIOA was first signed into law in 2014, and is designed to help job seekers of all kinds access employment, education, training, and support services.

The hearing comes amidst the backdrop of a wider policymaker focus on home care and the home-based workforce. Spurred in large part by President Biden’s call earlier this year to invest $400 billion in home and community-based services, the debate on how exactly to respond to the field’ workforce challenges has reached Congress, where active conversations are happening on which home care provisions will be included in an expected multi-trillion dollar reconciliation legislative package.

NAHC appreciates policy efforts to boost innovative recruitment, retention and advancement programs for our members’ workforces, but also understands that these programs need more sustainable support in the form of boosted provider payment rates, without which many of the innovations will be hard to institutionalize over the long-term. We look forward to working with our congressional champions on policies that support our members’ ability to improve the lives and the work of their employees.

Federal Speech Rulings May Embolden Health Care Workers to Call Out Safety Issues

Kaiser Health News Harris Meyer Karen Jo Young wrote a letter to her local newspaper criticizing executives at the hospital where she worked as an activities coordinator, arguing that their actions led to staffing shortages and other patient safety problems. Hours after her letter was published in September 2017, officials at Maine Coast Memorial Hospital…

Hill Hearing Highlights Differing Approaches to Support Direct Care Workers

A July 20 hearing of the House of Representatives Committee on Education & Labor (E&L) revealed sharp differences in preferred solutions to the challenge of building a strong direct care workforce, even as members largely agreed what those challenges are and that the federal government has a role to play in overcoming them. During the…

California, Dept. of Veterans Affairs Strengthen Covid Rules for Health Care Workers

The Department of Veterans Affairs (VA) will require its 115,000 front line health care workers to be vaccinated against the novel coronavirus COVID-19 over the next two months, making it the first federal agency to mandate vaccination. Meanwhile, California, easily the largest state in the union, has enacted new guidance that will require all state…