Update on Federal Contractor Vaccine Mandate: No Need to Comply for Now, but Private Arrangements May Still be Enforceable
With the U.S. Supreme Court’s consideration of challenges to the OSHA ETS and the CMS Vaccine Mandate making the headlines, less attention has been paid to the federal contractor vaccine mandate even though it remains a separate topic of continuing interest for many employers. Presidential Executive Order 14042 (September 9, 2021) directed the federal agencies to contractually require certain federal contractors and subcontractors to implement COVID-19 workplace safety measures, including a vaccine mandate with no “testing” option. According to an update from Littler, on January 21, the Georgia Federal District Court issued an order stating that its injunction applies only to enforcement of the federal contractor vaccine mandate and that the requirements relating to masking, social distancing, and designation of an individual to coordinate COVID-19 safety protocols at covered workplaces have not been enjoined.
HCAOA is adding two new team members to its staff: a Government Relations Manager and a Marketing and Communications Manager. Both positions are remote, and travel to the association headquarters in DC, national conference, and chapter events is required. Click on each position for details, and spread the word to anyone who may be interested. Interested candidates should submit a resume and cover letter, including salary requirements, to firstname.lastname@example.org by January 30.
HCAOA partnered with Attorney James Thomas of Jackson Lewis to offer guidance for members about the new Chicago ordinance requiring employers of domestic workers, including home care workers, to provide them with a written contact beginning January 1, 2022. Thomas developed a Sample Domestic Worker Agreement for HCAOA members to use as a template at no charge.
HCAOA has filed litigation in an attempt to block California’s home care registry law that gives home care workers’ personal contact information to unions. While we lost our case in a lower court, we filed an appeal and on January 12, oral argument in the AB 2455 appeal in the Ninth Circuit was held. Maury Baskin from the Littler firm argued the case on behalf of HCAOA to a three-judge panel consisting of two Obama appointees and one Reagan appointee. Attorneys for the State and the SEIU argued in opposition, challenging both HCAOA’s standing to sue and also denying that the Act was preempted by federal labor law.
The Department of Veterans Affairs’ Office of Geriatrics and Extended Care is expanding its Home-Based Primary Care, Medical Foster Home and Veteran-Directed Care programs to make them available at all VA medical centers by the end of fiscal year 2026. VA will add 58 medical foster homes and 70 Veteran-directed care programs to VAMCs across the nation and add 75 home-based primary care teams to areas with the highest unmet need.
New Jersey Vaccination Mandate in Effect – Register Now for Upcoming Chapter Meetings to Discuss Critical Issues!
Last week, Gov. Phil Murphy announced a new universal vaccination mandate for workers in healthcare settings like hospitals and nursing homes and high-risk congregate locations like prisons that will go into effect over the next two months. The executive order will require all such workers to receive a booster shot in addition to being fully vaccinated.
Legislative, Regulatory, Operations Updates on Agenda for Georgia Chapter Meeting on March 24
This meeting WILL fill up, so be sure to reserve your spot now to guarantee a seat for the HCAOA Georgia Chapter Meeting on Thursday, March 24 at the Georgian Terrace Hotel in Atlanta. The Georgia Chapter leadership team is still finalizing the agenda, but you can be sure it will include updates from top state legislative leaders, federal information from HCAOA national, regulatory and Medicaid updates from state officials, and resources to help your run your business from national experts.
Last week, Moving Health Home (MHH) released a new report exploring the transformation that home-based care has undergone during the pandemic. Insights and findings from this report are based in part on in-depth interviews conducted by Avalere Health with leaders from organizations, including Landmark Health, DispatchHealth, Contessa Health, Ascension, and Advocate Aurora Health, which have either based or adapted their clinical and business models to serve patients in their homes.
The HCAOA Board of Directors met last week at the Hilton Orlando, the site of the 2022 HCAOA Conference in September, for two days of discussion and brainstorming to outline the vision and strategic direction of HCAOA for the next two years. Among the top priorities are membership growth and engagement, strong federal and state advocacy, and offering valuable tools and resources to member agencies.
Participate in the 2022 Benchmarking Report by January 31 to save over 80% on your own copy with the early bird discount! Every year, Home Care Pulse performs the largest annual study on the private duty home care industry and relies on agencies like you to contribute by taking the survey that supplies valuable data used by hundreds of agencies to learn best practices, analyze their performance, and make more informed decisions.
.HCAOA Associate Member Bob King, Esq., Legally Nanny, represents hundreds of home care agencies in California and nationwide, and has spent much of this time defending home care agencies in wage and hour litigation. He reports that the same claims come up again and again in these cases, so he put together a brief overview of pertinent issues and what owners and managers can do to protect their home care agencies.
Ready to make a difference? Join the hundreds of home care providers across the nation improving the industry by participating in the 2022 HCP Benchmarking Report. Your confidential responses will help business owners across North America learn the latest industry trends to make data-driven decisions and improve their quality of care. Click here to complete the survey before January 31 to receive a $325 early bird discount toward your own copy.
CMS Reports Shows Growth in HCBS Funding Reflecting Consumer Preference for 'Home'
In recent years, an increased number of HCAOA members are providing Medicaid-funded Home and Community-Based Services. In fact, several HCAOA state chapters have mounted campaigns to advocate for Medicaid rate increases. Last month, CMS released a report on Medicaid Long-Term Services and Supports Expenditures in 2019 that provides in-dept information on states’ spending for Home and Community-Based Services and other senior programs. Here are some highlights from the report:
Last Thursday, the Connecticut Legislature’s Appropriations and Human Services committees approved the submission of federal Medicaid applications to the U.S. Centers for Medicare and Medicaid Services for emergency preparedness home and community-based services waiver amendments and Medicaid disaster relief State Plan Amendment, to enable the state to provide rate increases to providers and new services to address gaps in current HCBS continuum of supports.
The U.S. Department of Health and Human Services has renewed the COVID-19 public health emergency for an additional 90 days, extending key flexibilities for providers still grappling with the pandemic. The public health emergency was first ordered back in January 2020 and was set to expire after Jan. 16.
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