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The California Supreme Court upheld the arbitration fee payment rule, codified in Code of Civil Procedure 1281.98, finding the Federal Arbitration Act (FAA) did not preempt the statute. The Court rejected an “inflexible” reading that would automatically strip employers of arbitration rights for every late payment. Courts must now apply equitable doctrines like excusable neglect and relief from forfeiture to preserve arbitration rights if delays stem from genuine mistakes rather than strategy or neglect.
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Delaware has enacted H.B. 128, which modifies the state’s upcoming paid family medical leave program before benefits become available on Jan. 1, 2026. The Act became effective immediately upon enactment on July 30 and significantly amends the provisions governing how an employer’s paid leave policies integrate with and coordinate with Delaware Paid Leave benefits.
 HCAOA is bringing the legal department inside your home care agency. Connect with our top legal partners at Polsinelli during HCAOA's 90-minute, virtual Legal Clinic on Thursday, September 11. The first 30 minutes will include a brief but comprehensive employment law update and the remaining 60 minutes will be YOUR time, consisting of a moderated Q&A with a panel of experts.
 HCAOA is pleased to share a major development resulting from our sustained, aggressive federal advocacy. On July 25, 2025, the U.S. Department of Labor issued Field Assistance Bulletin (FAB) No. 2025-4, which directs its enforcement staff to stop applying the 2013 rule that prohibited home care agencies from using key Fair Labor Standards Act (FLSA) exemptions for companionship and live-in services. This shift in enforcement policy is a direct outcome of HCAOA’s continued engagement with senior officials at the Department and within the Trump Administration and a meaningful step toward restoring flexibility for agencies and caregivers alike.
 During last week’s Polsinelli Home Care Industry Update, HCAOA CEO Jason Lee shared the association’s ongoing efforts in key advocacy areas, including tax policy, budget reconciliation, and immigration. HCAOA met with the House Ways and Means Committee and other offices to understand what the staff had in mind regarding relief options for private pay and for our veterans. Recently reintroduced bills like the Credit for Caring Act and the Lowering Costs for Caregivers Act of 2025, to which HCAOA submitted a letter of support, provide critical support for those in need of home care services.
There are eight states (Delaware, Iowa, Maryland, Minnesota, Nebraska, New Hampshire, New Jersey, and Tennessee) that will introduce new privacy laws in 2025, adding to the growing number of existing regulations and creating a fragmented compliance landscape for businesses. These laws will impose stricter data governance obligations, with significant differences across states, requiring a strategic approach to compliance.
 HCAOA members are invited to register for Polsinelli's Home Care Industry Update on March 20 at 12:00 p.m. ET. HCAOA CEO Jason Lee will participate in a panel discussion with representatives from Polsinelli and the National Alliance for Care at Home (the Alliance) for a presentation discussing topics ranging from immigration to changes in state laws impacting the home care industry.
 Don’t forget to register for Polsinelli's Home Care Industry Update tomorrow, December 5, at 12:00 p.m. ET. HCAOA CEO Jason Lee will participate in a panel discussion with representatives from Polsinelli, The National Association for Home Care & Hospice (NAHC), and The Partnership for Quality Home Healthcare (PQHH) for a discussion on the current political climate of the federal and state governments and the impact the election results will likely have on several key initiatives that impact the home-based care industry.
Polsinelli’s Home Care Industry Update webinar is TOMORROW, September 19, at 12:00 p.m. ET. Join HCAOA CEO Jason Lee as he participates in a panel discussion alongside representatives from Polsinelli and The National Association for Home Care & Hospice (NAHC). The panel will cover developments in health care fraud enforcement, including policy announcements, recent case law developments under the False Claims Act (FCA), and FCA settlements entered into by health care industry participants.
Last week, U.S. District Judge Ada E. Brown set aside the FTC’s sweeping ban on non-compete agreements, concluding that the rule was “arbitrary and capricious” and that the FTC lacked the statutory authority to issue the rule in the first place. (read Judge Brown’s decision here).
 HCAOA members are invited to register for Polsinelli's Home Care Industry Update on September 19 at 12:00 p.m. ET. HCAOA CEO Jason Lee will participate in a panel discussion with representatives from Polsinelli and The National Association for Home Care & Hospice (NAHC) for a discussion on developments affecting health care fraud enforcement, including policy announcements, case law developments under False Claims Act (FCA) and FCA settlements entered into by health care industry participants.
Today, U.S. District Judge Ada E. Brown set aside the FTC’s sweeping ban on non-compete agreements, concluding that the rule was “arbitrary and capricious” and that the FTC lacked the statutory authority to issue the rule in the first place. (read Judge Brown’s decision here)
By Elizabeth E. Hogue, Esq.
Earlier this year, the U.S. Department of Health and Human Services (HHS) issued a final rule establishing the first federal regulations for Adult Protective Services (APS). The regulations took effect on June 7. The entire rule is at https://acl.gov/apsrule. Many employers struggle to comply with federal regulations issued by the DOL, NLRB, or the EEOC, especially when agency positions change. Last month, the Supreme Court overruled Chevron, USA Inc. v. Natural Resources Defense Council. Because of this decision, courts will now give statues their "best" interpretation, meaning agencies will have less leeway to write broad rules. Instead, they will have to write rules that are closer to statutory language. They may also have to defend some existing rules against closer scrutiny in court. And that closer scrutiny could upset some recently adopted or proposed rules, such as rules on overtime, safety inspections, and independent contracting.
HCAOA members are invited to register for Polsinelli's Home Care Industry Update on June 26 at 12:00 p.m. ET. HCAOA CEO Jason Lee will participate in a panel discussion with representatives from Polsinelli and The National Association for Home Care & Hospice (NAHC) for a comprehensive overview of the latest legislative and legal developments.
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[email protected] | sitemap
© 2025 Home Care Association of America. All Rights Reserved. | Privacy Policy | Refund Policy