​By Angelo Spinola, William C. Vail, Christopher Razo – Polsinelli

What a week in the legal world! The Biden Administration issued a Vaccination and Testing Emergency Temporary Standard (ETS) on Thursday, November 4th, which the Fifth Circuit halted on Saturday, November 13. The Administration also issued a rule for certain healthcare providers accepting Medicare and Medicaid funding, and it pushed back the compliance date for federal contractors to comply with a third vaccination mandate. So where does that leave you?

​​Last week, the HCAOA Illinois Chapter announced its 2022 Board of Directors during the state conference held in Naperville. More than 75 people attended the session, which featured an update from the Illinois Department of Public Health, which regulates home care, as well as presentations on the new licensure regulations and the legal impact of the COVID vaccine mandates.

​Nominations are due TODAY for the HCAOA Board of Directors. The Board is the formal advisory group and is charged with setting the strategy for the national association, which now represents nearly 4,000 home care agencies across the country. Growing membership, strengthening advocacy efforts at both the state and federal levels and enhancing state chapter organizations are some of the major priorities for the coming years.  

​Last week, the federal Occupational Safety and Health Administration (OSHA) issued the Emergency Temporary Standard (ETS) requiring all employers with at least 100 employees to ensure their workers are fully vaccinated against COVID-19 or submit to weekly COVID-19 testing. The deadline to comply is January 4, 2022, however over the weekend, the U.S. 5th Circuit Court of Appeals temporarily halted the vaccine requirement. While the case is being determined, the vaccination, testing and mask requirements for workers that fall under the OSHA rule is on hold. There are currently more than a dozen other challenges to the ETS – and counting. Stay tuned for updates.

​Nominations are now open for the HCAOA Board of Directors. The Board is the formal advisory group and is charged with setting the strategy for the national association, which now represents nearly 4,000 home care agencies across the country. Growing membership, strengthening advocacy efforts at both the state and federal levels and enhancing state chapter organizations are some of the major priorities for the coming years.  

​The HCAOA New Jersey State Chapter will hold a virtual meeting on Wednesday, December 1 from 12:30 – 1:30 p.m. to discuss the Chapter's strategic plan for 2022, including announcement of the first in-person meeting in two years.

​After three months of debate, President Biden’s Infrastructure Plan passed the House by a vote of 228-206 late last Friday. The $1 trillion plan to renovate the country’s roads, bridges, airports, and trains was waiting for a House vote since August, but was held up because Democrats wanted assurances that the social safety net plan, known as Build Back Better, would be voted on at the same time. That never happened, but to win over the necessary votes to pass the Infrastructure Plan, Democratic House leaders passed a procedural vote to prepare for the passage of the BBB plan, which reassured progressive Democrats that the vote would indeed happen before Thanksgiving. A procedural vote details such things as how much time each party gets to debate the bill on the House floor, and whether amendments can be introduced. 

​Are your clients or prospects wartime veterans or surviving spouses? Do they require assistance with at least two Activities of Daily Living (ADLs)? Many veterans and their families are not aware of VA benefits that help pay for home care. ​They may be eligible to receive a pension from the Department of Veterans Affairs (VA) known as the Aid and Attendance Benefit.