Despite numerous grass roots contacts of lawmakers by HCAOA Connecticut Chapter members, a coalition of agencies and organizations led by HCAOA Connecticut and strong opposition from some lawmakers, the General Assembly approved a ban on nonsolicitation agreements in home care in the recently concluded legislative session.
House Bill 5506 prohibits contracts between a homemaker-companion agency or home health agency and a client from including a “no-hire” clause that, should the client directly hire an agency employee, imposes a financial penalty; assesses any charges or fees, including legal fees; or contains any language that can create grounds for a breach of contract assertion or a claim for damages or injunctive relief. It expressly deems these clauses against public policy and void.
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New York City Councilman Christopher Marte recently introduced a bill that would amend the city’s Fair Workweek law by expanding it to cover employers in the home care industry. Specifically, the bill prohibits employers from assigning a caregiver to: (1) a single shift exceeding 12 hours; (2) consecutive 12-hour shifts; or (3) multiple shifts totaling more than 12 hours in any 24-hour period. It would also prohibit caregivers from working more than 50 hours in any single workweek. The bill, if passed, would effectively create a situation where home health care agencies would be unable to staff “live-in” cases. For instance, by allowing only 12-hour shifts and eliminating the traditional “live-in” (24-hour) shift, agencies that work with Medicaid-eligible patients, would have to staff each “live-in” shift with two aides—instead of one—and would receive reimbursement from Medicaid (if applicable) for only 13 of the 24 hours.
HCAOA contacted Councilman Marte to voice opposition to the bill, citing that caregivers should have the flexibility to work the shifts that are best for them and have the opportunity to work sufficient hours to meet their needs. Even with increases in minimum wage and the coming additional caregiver wage increases, HCAOA members believe there will still be the desire among some caregivers to exercise the flexibility to work more than 12 hours on occasion and more than 50 hours in a week. HCAOA also emphasized that Councilman Marte’s proposal would further hamper an already overburdened home care community from providing safe, effective, and badly needed home care in New York. In fact, it would exacerbate the caregiver shortage, leaving our elderly or otherwise disabled clients in peril. HCAOA will continue to follow up with his office and to offer additional suggestions and comments. HCAOA has been working with legislators to support legislation that would provide tax incentives for home modifications so seniors and those with disabilities can more easily and safely continue living in their own homes.
U.S Representatives Charlie Crist (D-FL) and Thomas Suozzi (D-NY) introduced the Home Modification for Accessibility Act, legislation that would provide a lifetime $30,000 tax credit to cover the costs associated with aging-in-place modifications to homes. The act also creates new jobs for the U.S. economy. The tax credit would be refundable and transferable so that even low-income seniors and those on a fixed budget would be able to take advantage of the credit immediately. The bill would lower Medicaid long-term care expenditures as more seniors can age in place and would decrease Medicare expenditures by reducing preventable injuries that occur in the home. “This bill will help correct a fundamental injustice in American life. While we’re living longer and healthcare is increasingly conducted at home, the country’s housing stock is not meeting our daily and safety needs,” said Tenenbaum. “Incentives outlined in this bill will encourage people to demand building and renovation designs that support aging in place with joy, dignity, and independence. Over time, these features will become the norm, benefiting individuals, families, the healthcare system, and our economy.” Register for the May 11 meeting of the Arizona State Chapter Meeting to hear the latest federal legislative and advocacy priorities from HCAOA’s own CEO Vicki Hoak and VP, Government Relations Eric Reinarman. Other topics include patient advocacy, tax credits and how to balance private pay and Medicaid.
The meeting will be held 10 a.m. – 2 p.m. on May 11 at the Westin Phoenix Downtown Hotel. The full agenda:
Lunch will be provided and attendees will have the opportunity to network with colleagues and vendors. The registration fee is $40 for HCAOA members and $80 for non-members. Register here. In one day, you can learn about all the hot issues facing home care agencies in Georgia. From how to recruit more caregivers, what Congress is doing that may impact your business and your clients to hearing about current mandates in the workplace – all these issues and much more s will be covered during the upcoming Georgia Chapter meeting on May 19, 7:30 a.m. – 4:30 p.m. at the Georgian Terrace Hotel.
Below is the agenda for the day:
The cost is $75 for members and $150 for non-members. Register now. California’s Division of Occupational Safety and Health (Cal/OSHA) has approved the third readoption of its COVID-19 Emergency Temporary Standard.
The revised ETS will become effective when the Office of Administrative Law completes its review and files it with the Secretary of State, which is anticipated to occur this week and will remain in effect through December 31, 2022. Learn More The HCAOA Arizona Chapter will meet in-person from 10 a.m. – 2 p.m. on May 11 at the Westin Phoenix Downtown Hotel. HCAOA CEO Vicki Hoak, CEO and VP, Government Relations Eric Reinarman, Esq., will be at the meeting in Phoenix to provide the inside scoop on all federal legislative and advocacy priorities, as well as what other states are doing that could be adapted in Arizona.
Other speakers include:
Lunch will be provided, and attendees will have the opportunity to network with colleagues and vendors. The registration fee is $40 for HCAOA members and $80 for non-members. Register here. California Assemblymember Blanca Rubio, a Democrat from the San Gabriel Valley, recently introduced AB2175, which would establish a California Wandering Prevention Task Force.
Individuals with a cognitive impairment, including those with Alzheimer’s, related dementias, and autism are at a substantial risk of wandering away from their homes. Ensuring safety for these populations is costly, time consuming, and often results in poor outcomes once they have begun to wander. AB2175 seeks to provide a statewide strategy to help one of California’s most vulnerable populations. The task force would include 20 members. The HCAOA California Chapter is working to ensure it has a seat on the task force so that our voice can be heard on this important issue. Next Wednesday, April 20, the HCAOA Connecticut Chapter will meet in-person to discuss issues that impact agencies in YOUR state.
You need to attend the in-person meeting so hear about:
The agenda includes updates from:
Register now to attend on Wednesday, April 20 from 10 a.m. - 1 p.m. at the Sheraton Hartford South Hotel. The cost is $40 for members and $80 for non-members. On April 6, 2022, Cal/OSHA issued a draft COVID-19 Emergency Temporary Standard (ETS) for readoption to replace the current version, which expires on May 5, 2022.
This is the fourth version of the ETS since Nov. 30, 2022. The California Occupational and Health Standards Board is scheduled to hear public comment and to vote on whether to approve the readopted ETS on April 21, 2022. If approved, and if left unmodified by executive order, the proposed ETS would be in effect through December 31, 2022. Read more here. Full Agenda Now Available for Georgia Chapter Meeting in May – Register Now Before It Fills Up!4/13/2022 The full agenda has been confirmed for the HCAOA Georgia Chapter meeting on Thursday, May 19 at the Georgian Terrace Hotel. Register now to reserve your spot at this meeting before it fills up. Here is a look at the agenda and speakers:
News & Chapter Updates - Eddie Grogan, CareMaster Medical Services, Chapter Chair Federal Update & Policy Priorities - Vicki Hoak, HCAOA CEO Mandates in the Workplace - Ann Mellen and Burton Peebles, Polsinelli Law Firm Leveraging the Employee Retention Credit - alliantgroup Department of Community Health - Michelle Robinson, MHA, Director Caregiver Recruitment and Retention - Maggie Keen, VP, myCNAjobs.com State Legislative Advocacy Update - Rusty Paul, HCAOA GA Chapter Lobbyist and Dave Lamb, HCAOA GA Legislative Chair Best Practices Roundtable Discussion - Beth Dow, Kelley McDougall, Ken Stavas, Brad Culp Marketing Your Private Homecare Business - Gary Zermuehlen, Consultant, Coach/Trainer, Simon, Inc. The event is $75 for members and $150 for non-members. Register now. HCAOA is holding an Arizona Chapter meeting at the Westin Phoenix Downtown Hotel on May 11 from 10 a.m. - 2 p.m. The full agenda includes federal and state legislative and advocacy updates about issues that impact home care with six speakers, including HCAOA’s new VP of Government Relations, Eric Reinarman.
Lunch will be provided, and attendees will have the opportunity to network with colleagues and vendors. The registration fee is $40 for HCAOA members and $80 for non-members. Register here. The Massachusetts Supreme Judicial Court (SJC) recently handed down a key ruling that the three-prong test for independent contractors applies to the relationships between a franchisor and its franchisee, where the franchisor must also comply with the Federal Trade Commission’s (FTC) Franchise Rule.
The SJC held that the independent contractor statue applies to the franchisor-franchisee relationship and is not in conflict with the franchisor’s disclosure obligations set forth in the FTC Franchise Rule. The SCJ determined a franchisee providing services to a franchisor under the terms of a franchise agreement may, in fact, be classified as an “employee” of the franchisor under state wage-and-hour law. Read more here. The HCAOA Illinois Chapter Legislative Committee has posted a summary of bills are monitoring and supporting during the first session of 2022. Here are some highlights:
View the full report or visit the Illinois Chapter website to view the Legislative Bill Tracker.
The current rule, known as an emergency temporary standard (ETS), applies to most settings where an employee provides healthcare services or support services and requires things like a COVID-19 plan for the workplace, patient screening and management, physical distancing, and the availability of personal protective equipment.
A summary of this ETS can be found here. OSHA is seeking new data and feedback from employers to update the ETS on:
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