​HCAOA joined nearly 20 other national associations in sending a letter to Congress in support of the FTC Franchise Rule, which is currently under review. This rule is the primary federal regulation governing franchise businesses, including home care franchises. The International Franchise Association (IFA) supports the rule because it encourages the information sharing necessary for prospective franchise owners to make informed decisions before entering into commercial relationships.

Learn more:
 
June 21 – Members-Only Webinar
Learn about the changes and get a jump start on operationalizing them. Speakers include Adam Guestow, Esq, of Hinshaw and Culbertson, and Mike and Joan O'Brien, Independence 4 Seniors.
 
July 19 – In-Person Chapter Meeting
Get updates on the new regulations directly from Rani Harms MSN, RN, NPD-BC, IDPH Program Supervisor for Home Services/Home Nursing, Division of Health Care Facilities and Programs. 

​The HCAOA Illinois Chapter invites all home care agencies to attend an in-person meeting on Tuesday, July 19 from 10:00 a.m. to 1:00 p.m. CT at the Doubletree by Hilton Lisle Naperville Hotel. Lunch will be provided. 

​Mark McGoldrick, HCAOA Connecticut Chapter Chair, has been appointed to serve on a task force to study home care issues. Connecticut Governor Ned Lamont signed SB 262 last month to establish the task force, which will present a report on its findings and recommendations to the legislature by January 1, 2023.

The Kansas Department of Health and Environment (KDHE) has fielded a number of recent inquiries concerning newly implemented amendments to KDHE’s Home Health licensure regulations, which include home care. As a result, KDHE will be hosting three meetings this month to receive input from stakeholders, providers, and other interested parties.

The Home Care for Seniors Act (H.R. 2898/S. 1399), which would allow tax-exempt distributions from health savings accounts (HSAs) to be used for qualified home care, will cost an estimated $202 million over the next 10 years. The cost, or “score,” is determined by the Congressional Budget Office (CBO), which estimates the impact of proposed legislation on the federal budget.
 
“The fact that the Home Care for Seniors Act has received a score from the CBO is a good sign – it could signal that the bill may begin moving through Congress on its way toward passage,” said HCAOA CEO Vicki Hoak. “HCAOA supports this bill, and all proposals that expand access to home-based care for seniors and people with disabilities.”

Last week, the HCAOA Illinois Chapter’s advocacy efforts to expand the services that home services agencies are permitted to do paid off, when Joint Committee on Administrative Rules (JCAR) approved most of the changes proposed by the Chapter. JCAR is the legislative committee in Illinois whose role is to ensure that the General Assembly is adequately informed of how laws are implemented through agency rulemaking and to facilitate public understanding of rules and regulations.
 
The Illinois Chapter took the lead on negotiations between stakeholders and the Illinois Department of Public Health to implement needed revisions to the existing regulations.  The discussions with IDPH focused on expanding the scope of non-medical services permitted to be completed by licensed home service agencies and their home service workers.   

On May 10, 2022, Governor John Carney signed into law the Healthy Delaware Families Act, adding Delaware to an expanding list of jurisdictions with a paid family and/or medical leave (PFML) requirement. The law creates a statewide paid family and medical leave insurance program funded through employer and employee contributions.
 
PFML contributions will begin to be required in 2025, and covered employees will be able to access benefits in 2026. The Delaware Department of Labor plans to issue regulations implementing the law. In the interim, the following briefly highlights who and what the law covers. Learn More

HCAOA members and VP of Government Relations Eric Reinarman met with several members of the Michigan Legislature last week in a continuing quest to get providers properly reimbursed for their care of those seriously injured in catastrophic car accidents.

Michigan members continue to make headway in educating state lawmakers about the serious impact the Auto No-Fault Insurance reform has had on providers and auto accident victims. This reform inadvertently included home care providers and has resulted in dramatic cuts of up to 45% in insurance reimbursement to providers who care for those who’ve been grievously injured in car accidents. 

The Long-Term Quality Alliance and ATI Advisory released a policy report last week highlighting three top recommendations for Congress to advance non-medical benefits in Medicare Advantage (MA).
 
The report notes that the Creating High-Quality Results and Outcomes Necessary to Improve Chronic (CHRONIC) Care Act made strides in advancing holistic care to improve the quality of life for Americans with complex medical needs. In addition, the Special Supplemental Benefits for the Chronically Ill (SSBCI) gave MA the flexibility to address the diverse needs of these individuals, but according to the report, they believe three policy recommendations would advance these supplemental benefits to improve upon the framework already in place.

Milbank Memorial Fund has produced a white paper that looks at the challenges home care aides face and outlines administrative, funding, policy, and regulatory efforts that states can use to address the critical workforce shortage. 
 
Founded in 1905, Milbank supports innovative public sector leaders who are committed to making long-term, sustainable commitments to the health of all Americans. 
 
Click here for the report.

On May 7, 2022, Cal/OSHA issued updated Frequently Asked Questions (FAQs) to the third readoption of the COVID-19 Emergency Temporary Standard (3rd Revised ETS), which was approved April 21, 2022, and is now in effect. 

The 3rd Revised ETS continues many of the same obligations set out in prior versions, but also sets forth substantive changes about which Cal/OSHA promised to provide guidance. Learn More

A bill introduced in the House last week would enable more Americans to live longer in their own homes as they age. The Home Modification for Accessibility Act (H.R. 7676), introduced by Reps. Charlie Crist (D-FL) and Thomas Suozzi (D-NY), offers financial incentives that encourage people to plan ahead, upgrade their homes and make them safer as they get older. The Act would allow for penalty-free early retirement withdrawals of up to $30,000 from a taxpayer’s 401(k) accounts to fund home modifications that enable seniors to age in place more easily.
 
HCAOA supports this proposal, and encourages all members to contact their members of Congress and ask them to support this bill by signing on as a co-sponsor. Click here to send a pre-written message to your representative. Stay tuned for updates on this important legislation. 

Despite numerous grass roots contacts of lawmakers by HCAOA Connecticut Chapter members, a coalition of agencies and organizations led by HCAOA Connecticut and strong opposition from some lawmakers, the General Assembly approved a ban on nonsolicitation agreements in home care in the recently concluded legislative session.
 
House Bill 5506 prohibits contracts between a homemaker-companion agency or home health agency and a client from including a “no-hire” clause that, should the client directly hire an agency employee, imposes a financial penalty; assesses any charges or fees, including legal fees; or contains any language that can create grounds for a breach of contract assertion or a claim for damages or injunctive relief. It expressly deems these clauses against public policy and void.

New York City Councilman Christopher Marte recently introduced a bill that would amend the city’s Fair Workweek law by expanding it to cover employers in the home care industry. Specifically, the bill prohibits employers from assigning a caregiver to: (1) a single shift exceeding 12 hours; (2) consecutive 12-hour shifts; or (3) multiple shifts totaling more than 12 hours in any 24-hour period. It would also prohibit caregivers from working more than 50 hours in any single workweek. The bill, if passed, would effectively create a situation where home health care agencies would be unable to staff “live-in” cases. For instance, by allowing only 12-hour shifts and eliminating the traditional “live-in” (24-hour) shift, agencies that work with Medicaid-eligible patients, would have to staff each “live-in” shift with two aides—instead of one—and would receive reimbursement from Medicaid (if applicable) for only 13 of the 24 hours.
 
​HCAOA contacted Councilman Marte to voice opposition to the bill, citing that caregivers should have the flexibility to work the shifts that are best for them and have the opportunity to work sufficient hours to meet their needs. Even with increases in minimum wage and the coming additional caregiver wage increases, HCAOA members believe there will still be the desire among some caregivers to exercise the flexibility to work more than 12 hours on occasion and more than 50 hours in a week.
 
HCAOA also emphasized that Councilman Marte’s proposal would further hamper an already overburdened home care community from providing safe, effective, and badly needed home care in New York. In fact, it would exacerbate the caregiver shortage, leaving our elderly or otherwise disabled clients in peril.
 
HCAOA will continue to follow up with his office and to offer additional suggestions and comments.