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).

All HCAOA members are encouraged to register for the HCAOA National Legislative Call on September 12 from 2:00 to 3:30 p.m. ET. This call is a key benefit for all members to hear about the latest legislative and regulatory proposals impacting home care and how HCAOA is mobilizing to take action for members.

Last month, Pennsylvania Gov. Josh Shapiro signed the Fair Contracting for Health Care Practitioners Act (HB 1633), which bans certain noncompete covenants, including patient nonsolicitation provisions, between an employer and health care practitioner if the covenant is more than one year or the health care practitioner was “dismissed by the employer.” The effective date of the Act is January 1, 2025, according to HCAOA Associate Member Littler.

A bipartisan group of U.S. Senators have introduced the Healthcare Cybersecurity Act of 2024 to enhance cybersecurity in the health care sector following the cyberattack on Change Healthcare earlier this year. The bill aims to improve readiness and response capabilities by directing collaboration between the Cybersecurity and Infrastructure Security Agency (CISA) and Health and Human Services (HHS), facilitating the sharing of cyber threat information and defense measures with non-federal entities. It also proposes establishing a dedicated liaison within CISA to support health care and public health sectors during cybersecurity incidents.

The House Committee on Education & the Workforce recently approved the Recognizing the Role of Direct Support Professionals Act, H.R.2941, towards a potential House floor vote. This legislation, already passed by the Senate (S.1332), aims to establish a standard occupational classification (SOC) for direct support professionals (DSPs). Currently grouped under broader categories like home healthcare aides, DSPs lack specific workforce data, hindering efforts to address their critical shortage. Supporters argue that a SOC designation would enable better data collection, aiding policymakers in addressing workforce challenges and improving access to home- and community-based services (HCBS). Despite committee approval, some lawmakers have expressed concerns that the bill does not go far enough to address DSPs' wage, benefit, and safety concerns.

Last week, HCAOA CEO Jason Lee provided an update on HCAOA’s efforts around the CMS 80/20 rule during the Home Care Industry Update hosted by Polsinelli. Lee provided an overview of the recent CMS meeting, emphasizing the discussions were collaborative and ongoing advocacy against the 80/20 provision, highlighting HCAOA’s active H.R.8114 letter of support in removing the 80/20 provision. The conversation was productive, fostering continued dialogue with CMS, which is crucial for the industry. Lee also updated on other HCAOA efforts, including meeting with members of Congress on the Elizabeth Dole 21st Century Veterans Healthcare and Benefits Improvement Act.

As of July 1, the Georgia Department of Community Health notified the HCAOA Georgia Chapter that the Medicaid billing system is NOT yet set up to accept the updated rates for the Independent Care Waiver Program (ICWP) and Elderly and Disabled Waiver Program (EDWP). However, the rate increases ARE effective as of July 1, so payment will be retroactive once the system is updated with the new rates.

California’s new Health Care Workers Minimum Wage Law (S.B. 525), set to take effect July 1, has been delayed until October 15 at the earliest. Therefore, employers do NOT have to pay the higher minimum wage for health care facilities that was scheduled to go into effect on July 1, according to HCAOA Associate Member Attorney Bob King of Legally Nanny.

On July 1, 2024, California Governor Gavin Newsom signed two bills, Senate Bill 92 and Assembly Bill 2288, that amend the state’s Private Attorneys General Act (PAGA), which deputizes private parties to enforce the Labor Code on behalf of the state.

The final proposed rules for New Jersey financial reporting requirement law were released on May 20 (click here to read a summary of the law on pages 1-5, the proposed law begins on page 6). New Jersey HCAOA members are encouraged to review the rules thoroughly and consult with their CPA or accounting firm to be sure that they fully understand the requirements and that they obtain a potential quote for their services to complete the required report, which is to be filed with your annual health care service firm renewal beginning next year.

Lawmakers in the U.S. House continue to negotiate portions of H.R.8371, the Senator Elizabeth Dole 21st Century Veterans Healthcare and Benefits Improvement Act. ​The legislation encompasses a number of bipartisan and bicameral proposals to reform and improve the delivery of healthcare, benefits, and services at the VA for veterans, their families, and their survivors.

In April, the bipartisan Continuous Skilled Nursing Quality Improvement Act of 2024 (S. 4122) was introduced in the Senate to address the needs of medically fragile children and adults who rely on continuous skilled nursing (CSN) services, also known as private duty nursing (PDN) services. HCAOA supports this legislation to modernize and enhance the PDN/CSN program by establishing consistent national standards and updating terminology to better represent the nature of these essential services and is working with a coalition of stakeholders, including home care providers and advocacy groups, to ensure the bill is passed.

California Gov. Gavin Newsom, legislative leaders, and business and labor groups announced this week that they reached an agreement on needed reforms to the Private Attorneys General Act (PAGA). Legislation reflecting this agreement is set to be introduced next week and enactment sought by next Thursday, June 27. Once the legislation is passed and signed into law by the Governor, proponents of the PAGA ballot initiative eligible for the November ballot have agreed to withdraw their measure.

California’s new Health Care Workers Minimum Wage Law (S.B. 525) has received a lot of attention for phasing in a $25 minimum wage for many health care employees. Even as the law takes effect in less than two weeks, there are varying opinions about how it impacts home care companies in the state.

The HCAOA Connecticut Chapter recently issued a report with recommendations to the state as it begins the process of transitioning registration and oversight of the home care industry from the Department of Consumer Protection (DCP) to the Department of Public Health (DPH).