The HCAOA Michigan State Chapter is still hard at work trying to broker a fix to the automobile no-fault insurance bill that led to cuts of 45% or more in reimbursement rates for those providing home care to individuals who were catastrophically injured in car accidents. Next week, several HCAOA members will participate in over a dozen calls on this topic with members of the Michigan Legislature to help them understand how these cuts are hurting Michigan families and how the problem can be fixed.
 
In 2019, Michigan enacted reforms to their automobile no-fault insurance rubric that inadvertently resulted in reimbursement rate cuts to victims of serious car accidents. Home care companies were never the target of reform efforts in Lansing, and HCAOA is doing all it can to educate members of the Michigan Legislature on this issue. 

As an agency owner, not only are you struggling with recruitment and retention of caregivers, but you also must think about the future of your agency and the up-and-coming leaders who will manage your teams, make customers happy and help run your business. HCAOA’s Entrepreneur Leadership Academy can develop the next generation of leaders and instill confidence in your team.

The workshop is led by Dr. Tonya Miller, PT, DPT, PhD, an assistant professor in the physical therapy and MBA programs at Lebanon Valley College, and the founder of TYM Coaching. With 25+ years of experience in leadership, home care, and as a physical therapist, Dr. Miller will lead participants through the program with a combination of tools to ensure you will be successful, including:
 

• Assessment tools to help you use your own strengthens
• Live interactive education to discuss what you're learning
• Dynamic group discussions to share your experiences
• Community forums to stay engaged on your own schedule

 
Register today and start immediately. HCAOA members get a discounted rate of $999 (a savings of $201). Email info@hcaoa.org to get the code. You can start the program any time through September 30 and will have one year to complete from that date. Learn more.

HCAOA recently submitted comments regarding COVID-19 workplace safety regulations to the Department of Labor’s Occupational Safety and Health Administration (OSHA). The comments focused on increasing employer flexibility in adhering to the regulations and helping OSHA understand that the services our members provide to clients don’t generally occur in what OSHA considers a typical “workplace.”
 
HCAOA’s thoughts also focused on the need to continue to safeguard our caregivers from COVID-19 while reducing unnecessary regulatory burdens on our small businesses. For example, we emphasized minimizing recordkeeping and reporting provisions and easing other unnecessary restrictions contained in the current temporary rule.
 
For the sake of clarity and consistency, our comments asked that OSHA better align its regulations with the Centers for Disease Control and Prevention’s recommendations.
 
To read the full text of HCAOA’s comment, please click here.

U.S. Senators Jerry Moran (R-KS), Maggie Hassan (D-NH), and Jon Tester (D-MT), all members of the Senate Veterans’ Affairs Committee, recently introduced the bipartisan Elizabeth Dole Home and Community Based Services for Veterans and Caregivers Act to expand community-based services for aging and homebound veterans. The Act heavily invests in caregiver support at the U.S. Department of Veterans Affairs and expands VA Home-Based Community Services nationwide. This legislation provides greater access to resources and helps to determine which services provide optimal support for the caregiver and their family as they navigate a complex web of available assistance.
 
HCAOA recently hosted a call with senior staff of the Senate Veterans’ Affairs Committee to offer input on the bill and assistance with moving the legislation forward.
 
More specifically, the Elizabeth Dole Home and Community Based Services for Veterans and Caregivers Act:

• Increases the expenditure cap for noninstitutional care alternative programs to nursing home care from 65 percent to 100 percent;
• Establishes partnerships to conduct alternative care programs within the community and require VA coordination with other VA programs;
• Expands access to home and community-based alternative care programs to veterans living in U.S. territories and native veterans enrolled in IHS or tribal health program;
• Requires the creation of a centralized website to disseminate information and resources related to home and community-based programs;
• Creates a pilot program for home health aide services for veterans that reside in communities with a shortage of home health aides; and
• Requires VA to establish a warm handoff process for veterans and caregivers ineligible for the Program of Comprehensive Assistance for Family Caregivers.

 
U.S. Representatives Jack Bergman (MI-01) and Julia Brownley (CA-26) introduced the companion legislation in the U.S. House of Representatives.
 
HCAOA will continue to work with legislators and their staff in forming and implementing the legislation’s laudable goals.

A new study based on the 2019 Medicare Current Beneficiary survey data shows that seniors using Medicare Advantage (MA) save nearly $2,000 in annual health care spending compared to traditional Medicare. The study shows MA beneficiaries report $1,965 less in annual out-of-pocket costs and premiums that fee-for-service Medicare beneficiaries. The savings are found in cost-share and premium buy-downs provided by MA.
 
According to the report, released by Better Medicare Alliance, health care spending went up 5% for MA beneficiaries and 9% for fee-for-service Medicare beneficiaries between 2018 and 2019. Having a lower average health care spend decreases the total percentage of income on health care costs for MA beneficiaries. The difference in cost burden is 13% for MA beneficiaries versus 20% for Medicare beneficiaries who pay privately. The costs variations are important to note because low-income Medicare beneficiaries are more likely to enroll in MA than those with a higher income.

Read the report brief here.

HCAOA members who completed the Entrepreneurship Academy learned how to turn complaints into collaboration with clients by using their feedback as a chance to strengthen your services.
 
Discover exactly how to do that in this one-year, self-paced program where you will learn real-life strategies for improving how you manage your business.
 
The program includes online learning, weekly mini topics, and group coaching sessions where you can get actionable items to try in your daily activities.
 
Instructor Dr. Tonya Y. Miller PT, DPT, PhD has more than 25 years of experience. This MBA style academy (at a fraction of the cost) provides insight into your behavioral tendencies and human interactions, enabling you to have a deeper understanding of yourself and how to engage others for successful outcomes.
 
Register today and start immediately. HCAOA members get a discounted rate of $999 (a savings of $201). Email info@hcaoa.org to get the code. You can start the program any time through September 30 and will have one year to complete from that date.
 
Find details here.

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:

• A bill being considered would prohibit home care agencies in Connecticut from including non-solicitation clauses in their contracts with caregivers - this means there would be no penalty if a client directly hires your agency’s home care aide
• OSHA reopened the ETS protecting healthcare workers from COVID exposure - what does this mean for home care?
• FDA recommended a second COVID booster for people 50+ - what does this mean for employers or another potential mandate?

 
The agenda includes updates from:

• Sami Asaad, FordHarrison, will discuss labor and employment laws affecting home care in Connecticut and will share what HCA owners need to know about new and relevant laws such as paid family and medical leave, non-compete agreements, wage, and hour compliance, including new wage range notification, and recreational marijuana.
• Eric Reinarman, Esq., HCAOA VP, Government Relations, will discuss HCAOA's policy priorities at the national level, and will share updates on advocacy efforts in other states, as well as work HCAOA has been doing on behalf of Connecticut. 
• Matthew Hallisey, Chapter Lobbyist, will provide an update on the 2022 legislative session of the Connecticut General Assembly and the status of public policy affecting HCAs.
• Marlene Chickerella, DSS Medicaid Committee Chair, will update attendees on the work of the committee and its efforts to seek increased reimbursement for home care services. 

 
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.

Four top industry professionals are sharing their secrets to a successful home care business in this three-part master class series. Learn how to scale your agency, align your team for growth, and create a culture where employees thrive.
 
You can sign up for one or all three webinars. The series starts May 5.
  
Part 1: Mindsets Matter
With Jeff Wiberg, Family Resource Home Care
 
Part 2: Turn Fear into Action & Growth Will Come
With Andrea Cohen, Houseworks and Adam Blecker, Seniors in Place
 
Part 3: High Performing Environments Powered by Courageous Conversations 
With Catherine Vergara, CareFor
 
Members can register for the entire three-part series for a discounted rate of $250, or register for individual sessions for $90 each. 

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.
​

• The Role of Home Care in Patient Advocacy - Melissa Cardine, MSN, RN, BCPA, Patient Advocate, The Bridge RN Patient Advocates
• Labor Law Hot Topics - Josh Vaughn, Sarah Watt, and Andrea Lavelle, Littler 
• State Legislative & Advocacy Update - Bob Roth, HCAOA Board Member
• Home Care Advocacy: DC & Across the States - Vicki Hoak, HCAOA CEO and Eric Reinarman, Esq., VP, Government Relations
• Leveraging the Employee Retention Tax Credit - Missy Waites, Director, alliantgroup
• Finding the Right Private Pay & Medicaid Mix - Andrea Cohen, House Works

 
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.

 orAll Washington home care providers are invited to join the HCAOA Washington Chapter for a one-day conference on Tuesday, May 24 from 8:00 a.m. to 4:30 p.m. featuring a series of compelling presentations on employment issues and labor law, caregiver recruitment, tax credits available for home care agencies, and how technology is changing the business. Attendees will have the opportunity to network with colleagues, innovators, and vendors supporting the industry. Lunch will be provided. 
 
Click here to download a printable conference flyer. Here's a look at the agenda and speakers.

• Retention is Recruiting - Clayton Foutch, Home Matters Caregiving 
• Harnessing Technology to Reinvent Growth & Excellence in Home Care - Alon Brener, Chief Revenue Officer, Sensi.Ai   
• Leveraging the Employee Retention Credit - Missy Waites, alliantgroup
• Advocacy Update - Jeff Wiberg, HCAOA Board Member, and Leslie Emerick, Chapter Lobbyist
• Labor & Employment Law Hot Topics
• Washington Chapter Update - Sharla Bode, Chapter Chair
• HCAOA Update & New Member Benefits - Jennifer Battista, HCAOA COO
  
  

A discounted overnight rate $174 is available for conference attendees at the Hilton Seattle Airport & Conference Center. Reserve a room by May 2 by calling (206) 244-4800 or booking online.

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.

​Partner with HCAOA to host the 2022 Annual Leadership Conference opening reception and welcome back attendees to our first in-person conference since 2019.
 
Held Sunday, Sept. 18, the event rounds out the first day of the conference. Attendees will be excited to talk about what they learned and catch up after a two-year hiatus of facetime.
 
Your company can have top billing at the event and get invaluable exposure as the host of the reception. We plan to have a tropical theme as a nod to our location in sunny Orlando, FL. As a sponsor, you'll get a chance to personally invite attendees to the reception at the end of the final general session of the day. (Hawaiian shirt optional.)
 
Sponsors will also receive an 8x10 booth at the exhibition, recognition on event signage, a company-provided insert in the conference show bag and one push notification on the event app.
 
As a conference sponsor, you will be supporting HCAOA and the Annual Leadership Conference, and it is open to ALL members: agencies, associate members and vendors.
 
All conference sponsors will also receive:

• Sponsor ribbons for all registered company personnel
• Recognition in the Conference Program
• Company name and logo with link on the HCAOA Conference website
• Recognition on Leadership Conference Signage
• Complimentary use of one (1) pre-show & one (1) post-show Leadership Conference Attendee List
• First option on 2023 Sponsorships

 
Email Andrea to secure your sponsorship.

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:
 

• SB2903 that is now Public Act 102-0696 - Appropriates $2,700,000,000 from the State Coronavirus Urgent Remediation Emergency Fund to the Department of Employment Security for payment to the Illinois Unemployment Insurance Trust Fund for partial repayment of Title XII advances, including prior year costs.
  • Question remains how to fund the remaining $1.8B still on hold? Could impact employers' unemployment rates

 

• SB3146 that passed in both houses - One day of rest-penalties amendment provides that an employee who works in excess of 71/2 continuous hours shall be entitled to an additional 20-minute meal period for every additional 41/2 continuous hours worked.

 

• An item from the 3/11/22 proposed, emergency and adopted rules that speaks to a rate adjustment for the Community Care Program: 
  • P. 3618. A Complete Description of the Subjects and Issues Involved: Part 240 rulemaking will be amended to reflect rate adjustments to maximum payment levels for CCP in-home service and adult day service providers.

 

• Any published studies or reports, along with the sources of underlying data that were used when composing this rulemaking? The underlying information for the proposed amendments was recently approved and provided by the federal Centers for Medicare and Medicaid Services (CMS). CMS’ approval of the Elderly Waiver amendment allows implementation of the requested rate increases for CCP in-home service and adult day service providers.

 
View the full report or visit the Illinois Chapter website to view the Legislative Bill Tracker.