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As 2025 rapidly approaches, HCAOA is working with state chapters and industry partners to ensure home care is prioritized in state legislatures across the country next session. Check out this resource, which shares state-by-state legislative session dates for 2025. As 2025 sessions kick off, HCAOA will keep you equipped with advocacy resources, breaking policy updates, and opportunities to take action and bolster advocacy efforts happening in your state. If you’d like to learn more about how to get involved in advocacy efforts in your state, please reach out to [email protected].
HCAOA joined NAHC, LeadingAge, ANCOR, and other industry leaders for a quarterly meeting with the Centers for Medicare and Medicare Services (CMS) last week as CMS continues to seek feedback regarding the implementation of the Medicaid Access Rule. Throughout the meeting, our coalition of industry leaders continued to stress the potential impact of the 80/20 provision on providers and provided recommendations for sub-regulatory guidance that has yet to be articulated by CMS, such as reporting and audit requirements, to ensure state-by-state continuity in implementation and to mitigate unnecessary administrative burden on providers.
U.S. Senators Angus King (I-Maine) and Bob Casey (D-Penn) have introduced three bills aimed at bolstering the Direct Support Professionals (DSPs) who provide essential home care and assistance to seniors and individuals with disabilities. This initiative comes in response to the caregiver work shortage. The bills are designed to create new programs and adjust federal funding to enhance home and community-based services (HCBS), addressing the urgent need for support in this critical workforce.
Last week, on World Alzheimer’s Day, California Gov. Newsom signed a bill (SB 1249) to conform the Older Californians Act to the federal Older Americans Act, ensuring that California is in full compliance with the recently published final federal Administration for Community Living regulations before they take effect in October 2025. It also requires the California Department of Aging to develop, on or before September 2025, in consultation with AAAs and stakeholders, key new provisions, including performance metrics, core programs and services, funding formulas, and a statewide engagement plan to improve outreach to underrepresented populations and underserved communities.
The New Jersey Legislature has formed a Home Care Caucus to collaborate with a bipartisan representation of members from both chambers on issues related to home health care services. HCAOA encourages all members in the state to participate in the next virtual meeting of the Caucus on Tuesday, September 24 at 11:00 a.m. Click here to register. Speakers at the meeting will include caucus Legislative Co-Chairs Senator Anthony M. Bucco (R-25), Senator Gordon Johnson (D-37), Assemblywoman Nancy F. Muñoz (R-21), and Assemblywoman Carol A. Murphy (D-7).
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).
KEY BENEFIT FOR ALL MEMBERS: Sign Up Today for HCAOA National Legislative Call on September 128/21/2024
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.
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