Archive for the ‘Private Duty’ Category

Judge Strikes Down New Companionship Services/Overtime Rule in Huge Win for Home Care Patients and Providers

January 14, 2015

Today, the U.S. District Court for the District of Columbia struck down the new Companionship Services/Overtime rule in a triumphant win for patients, staff, and providers of home health care. This ruling completely invalidates the rule, allowing for the current practices of payment for workers to remain in place indefinitely. This lawsuit which was strongly supported by HCAF and lead by the National Association of Home Care and Hospice was crucial to making sure patients would continue to be able to afford high-quality home care, as well as necessary for state budgets to be able to continue providing Medicaid home health. Your membership in associations like HCAF and NAHC is what allows us to advocate on your behalf on critical issues like this one, therefore we thank our members for their continued support and encourage all others to join today.

Please read the press release from NAHC below for details on the case. It is unclear if the Department of Labor will file an appeal on this ruling, but for now, we are celebrating this fantastic success!

NAHC, along with Home Care Patients and Caregivers, Wins Huge Victory: Federal Court Rules to Strike Down Controversial New Overtime Rule

The National Association for Home Care & Hospice (NAHC) and its members today celebrated the decision of the U.S. District Court for the District of Columbia invalidating a proposed new U. S. Department of Labor (DOL) overtime rule slated to take effect on January 1, 2015.

“This decision is a huge victory for patients and their families who will be able to continue receiving home care services without interruption. The decision is a huge victory for caregivers who will continue to be protected instead of being forced to work only part time. The decision is likewise a huge victory for the agencies that serve patients and employ caregivers, and who will see continuity in a rule that has been in effect for 40 plus years and had recently been sustained by the U.S. Supreme Court. Finally, the decision is a huge victory for the states and the federal Medicaid program.” said Denise Schrader, chairman of the NAHC Board.

This is the third victory in this lawsuit for home care interests within the last month. On December 22, the court ruled that patients are entitled to equal rights regardless of whether they or their families paid their home care bills or they were paid by the joint, federal-state health insurance program, known as Medicaid. On December 31, the court ruled for NAHC by agreeing to issue a Temporary Restraining Order (TRO) blocking the DOL from enforcing new rules related to “companionship” and “live-in” care. On January 9, the court, in considering a motion from NAHC attorneys for an injunction to block enforcement of residual parts of these rules through this date or a trial, stated that so much evidence was in the record there would be no need for a trial. The judge therefore agreed to give his decision on the case on or by January 14, when the TRO was set to expire. Today, the judge ruled for NAHC and home care interests, saying the proposed new DOL rules violated the law.

The DOL has not announced whether it will appeal this decision to U.S. Court of Appeals. NAHC President Val J. Halamandaris, stated “The home care community is prepared to defend this case before the higher court. We fought this case once before and took it all the way to the U.S. Supreme Court where we won by a unanimous vote of 8-0. We are prepared to do this again if we need to do so.”

“The victory in the case proves the power of unity,” said Halamandaris. “United, fighting on behalf of the aged, infirm, disabled, and dying, we cannot lose; divided we cannot win.” He also thanked Bill Dombi who helped lead the strategy in this case, the International Franchise Association and the Home Care Association of America which joined in the litigation and the law firm of Littler Mendelson which had been hired to bring the suit.

To read the decision, click here: https://ecf.dcd.uscourts.gov/cgi-bin/show_public_doc?2014cv0967-32

HCAF will continue to keep members up to speed on all the latest developments as they occur. We will be keeping a log of the events, marked with dates at the link below for members.

Click here for more details on the lawsuit and a log of the most recent events.

P.S. With all of these changes happening very quickly, we strongly suggest members attendHCAF’s 2015 Winter Mini-Conference in Ft. Lauderdale, January 21-22. There is so much change occurring at a rapid pace, that HCAF feels it is imperative that we offer an educational event to supplement our Annual Conference and offer increased learning opportunities, on important topics such as this, more often throughout the year. Registration is still open, but space is filling fast!

Click here for more details on HCAF’s 2015 Winter Mini-Conference and make sure to register today!

Save the Date for Fall 2013 District Meetings

October 4, 2013

HCAF will host our in-person Fall 2013 District Meetings next month, and home care professionals are encouraged to attend to learn about the PPS Final Rule, companionship exemption and connect with your local home care community. The dates and cities are confirmed and so are most of the locations. The remaining specific locations will be announced soon.  Check our calendar for the latest updates.

  • District I (Pensacola) – Nov 25, mid-day
  • District II (Tallahassee) – Nov 22, mid-day
  • District III (Ocala) – Nov 21, morning
  • District IV (Jacksonville) – Nov 12, afternoon
  • District V & VI (Tampa) – Nov 18, afternoon
  • District VII (Orlando) – Nov 20, morning
  • District VIII (Fort Myers) – Nov 19, morning
  • District IX (Stuart) – Nov 13, morning
  • District X (Fort Lauderdale) – Nov 14, morning
  • District XI (Miami) – Nov 15, morning



Search One Inc 500v

Summer Sale on the 2013 Private Duty Benchmarking Study

July 8, 2013

The summer temperature may be rising, but the price on the 2013 Benchmarking Study is at a season low!

We are so excited about the impact that the 2013 Private Duty Benchmarking Study is having on the home care industry that we wanted to offer a special summer promotion to your members so everyone can experience the impact the study will have on your home care business. Order your copy at the lowest price of the season of $229 – that’s a savings of $70 (23%), compared to the original price of $299. And, when you purchase your study today you will receive our “Taking Action” 4-part webinar series with Home Care Pulse founder/CEO Aaron Marcum for free….a $299 value! In this 4-part series, Aaron walks through some of the key findings of this year’s study and how to apply the information to your home care business.

Click here to order your copy today! (more…)

Need for In-Home Care Projected to Soar

March 18, 2013

By Ana Veciana-Suarez, The Miami Herald

Every morning for the last seven years, Fanie Occeas has been preparing Prescola Beneby a hearty weekday breakfast — grits and sardines or sausage and eggs. Every morning, too, Occeas bathes the 87-year-old, tidies up her Arcola Lakes house and settles her in a wheelchair.

Their banter is easy, their movements together familiar and sure. “She’s like a daughter to me,” says Beneby.

Adds Occeas, “I’ve learned a lot from her.”

Occeas is a certified nursing assistant who looks in on Beneby and three other homebound seniors during her rounds for her employer, United HomeCare. Beneby is a mother of six, bedridden because of rheumatoid arthritis. The two are part of a trend that experts say will become very common as the nation’s population ages and more seniors choose to stay at home instead of moving to nursing facilities.

The number of people age 65 and older will double to 81 million in the next 30 years and the demand for nonmedical home-based help — for daily activities such as dressing, bathing and meal preparation — is expected to soar. In the past four years alone, there has been a 40 percent growth in U.S. senior care agencies, according to Caregiverlist.com, a company that connects seniors and professional caregivers with care options. More than 4,000 caregivers are hired monthly. (more…)

Last Week of the 2013 Private Duty Benchmarking Study

March 4, 2013

The deadline to participate in the 2013 Private Duty Benchmarking Study is this Friday, March 8. If you are a home care business owner, please sure to be participate in home care’s largest national study by Friday by clicking here. Hundreds have already taken advantage of this year’s study to improve and grow their home care businesses.

As a participant, you’ll enjoy these great benefits: (more…)

Recalculating: Sing Along with The GPS Girl

February 27, 2013

By Stephen Tweed, Private Duty Today

This past weekend, I was in San Francisco for the annual winter workshop of the National Speakers Association. It’s my time to be a student and learn more about the business of being a professional speaker, and to have family time with my speaking buddies from around the world.

One of the highlights of this workshop was the Saturday evening dinner and entertainment. It was amazing. The concert was presented by NSA member Karen Jacobson from New York City. If you have a GPS in your car, you know Karen. She’s The GPS girl.

Growing up in the tiny town of McKay, near Australia’s Great Barrier Reef, she dreamed of having her songs played on the radio, but she never imagined all of the people who would hear her voice. Karen is the voice of your global positioning system, and is heard in over 25 million cars around the world. (more…)

Elizabeth Hogue on New HIPAA Rules and Business Associates (Part 2)

February 18, 2013

The U.S. Department of Health and Human Services has issued final rules to:

  • Modify the Health Insurance Portability and Accountability Act (HIPAA) Privacy, Security and Enforcement Rules to implement statutory amendments under the Health Information Technology Economic and Clinical Health Act (HITECH Act) to strengthen the privacy and security protection for individuals’ health information.
  • Modify the rule for Breach Notification for Unsecured Protected Health Information (Breach Notification Rule) under the HITECH Act to address public comments received on the interim final rule;
  • Modify the HIPAA Privacy Rule to strengthen the privacy protections for genetic information by implementing section 105 of Title 1 of the Genetic Information Nondiscrimination Act of 2008 (GINA); and
  • Make other modifications to the HIPAA Privacy, Security, Breach Notification and Enforcement Rules to improve their workability and effectiveness, and to increase flexibility and decrease burden on regulated entities.
  • The final rules were published in the Federal Register on January 25, 2013, and will be effective on March 26, 2013. Covered entities and business associates must comply with the final rules by September 23, 2013. This is the second in a series of articles that will address key provisions of the rules, their impact on post-acute providers, and practical solutions for compliance. (more…)

Top 10 Reasons to Participate in the 2013 Private Duty Benchmarking Study

February 14, 2013

2013 Edition_ThumbnailThe Home Care Association of Florida is proud to be a participatingorganization in the 2013 Private Duty Benchmarking Study, in partnership with Home Care Pulse and the Home Care Association of America.

As a reminder, please take the survey to get Your 2013 Instant Personalized Report and help us reach 20% participation, so that we can provide you with benchmarks to compare your agency to the rest of our state.

If you complete the survey by this Friday, February 15, you’ll get free access to this month’s Mastery Webinar by Home Care Pulse (a $49 value!), on February 21: (more…)

Labor Department Sends Home Health Companionship Final Rule to OMB

February 12, 2013

Late last month, the U.S. Department of Labor (DOL) sent a memo to members of Congress stating that the rule that would extend federal minimum wage and overtime protections to in-home health care workers, is pending in the Office of Management and Budget (OMB).

DOL has finished reviewing the 9,000 public comments on the proposed rule, which was issued on December 27, 2011 and has prepared a draft final rule that has been accepted by OMB, normally the final step before a rule is published. OMB now has 90 days to issue the final rule. (more…)

Participate in the 2013 Private Duty Benchmarking Study!

February 6, 2013

2013 Edition_ThumbnailThis month, HCAF is proud to be a participating organization for the 4th Annual Private Duty Benchmarking Study, in partnership with Home Care Pulse and the Home Care Association of America (HCAOA).

We invite you to participate this February in the largest national study on home care, with hundreds of agencies participating across the country, and benchmarks on finance, sales, operations, and more. (more…)