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).

It’s not too late to secure your spot at the HCAOA’s Home Care Schedulers Virtual Symposium: Strategies to Prepare for Unexpected Challenges & Tools to Help You Succeed TODAY from 1:00 – 2:30 p.m. ET! All attendees receive a valuable resource to level up your agency’s scheduling.

HCAOA’s Home Care Schedulers Virtual Symposium: Strategies to Prepare for Unexpected Challenges & Tools to Help You Succeed is September 18 from 1:00 – 2:30 p.m. ET. If you’ve not yet registered the schedulers from your agency, don’t miss out on this unique educational offering designed specifically for the schedulers who keep our home care agencies running smoothly. All attendees will hear from leaders in the industry and walk away with helpful tools and resources they can implement immediately at your agency.

HCAOA CEO Jason Lee recently spoke about the state of the home care industry with Nicky Reynolds, Marketing Communications Manager of Rosemark. Lee discussed the challenges facing the home care industry and the association’s legislative efforts. He highlighted critical issues such as workforce recruitment and retention, with many agencies struggling to find and keep qualified staff. Lee also discussed the implications of the Medicaid Access Rule, which mandates that 80% of funding be directed toward wages, a regulation that may not fit all states uniformly and presents various implementation challenges. The simultaneous rollout of multiple rules, including Medicaid, Overtime, and Non-compete Rules, has added to the complexity of navigating the industry’s regulatory landscape.

Last week’s nationwide injunction by a federal court in Texas barring the Federal Trade Commission from implementing its ban on noncompete agreements could help home care agency owners in Connecticut.

Proper caregiver training is crucial for ensuring high-quality care and addressing high staff turnover and burnout in the home care industry. According to the 2024 Activated Insights Benchmarking Report, many home-based care and home health staff feel unprepared for new clients, contributing to a nearly 80% annual turnover rate. Training not only enhances caregivers' skills and job satisfaction but also supports their professional development, which is vital for maintaining a motivated workforce and delivering better patient care.

The Pennsylvania Office of Long-Term Living (OLTL) has engaged Mercer Government Human Services Consulting to conduct a rate study survey for several Home and Community-Based Services, including personal assistance services. All providers in Pennsylvania are asked to complete the survey by next Friday, August 23, for calendar year 2023. The information collected in this survey will be used to assist in developing a point of reference for the rate range to evaluate current payment rates. In addition to results from this survey, the review will include payment rate information from Managed Care Organizations (MCOs) in OLTL claims data, recent legislative policies, department expectations, and other data obtained from publicly available sources.

HCAOA member SYNERGY HomeCare is experiencing its fourth consecutive year of record growth, driven by a strong focus on human capital. CEO Charlie Young highlighted that the most successful franchise operations prioritize investing in their internal administrative teams and human resources, which are crucial for managing scheduling, home assessments, and caregiver retention. Equally important is developing robust local connections and a sales strategy that builds relationships with referral sources like hospitals and community organizations. With nearly 500 locations and 42 new territories added this year, SYNERGY continues to expand rapidly, surpassing previous growth records.

Recent increases in the minimum salary thresholds for exempt employees under the Fair Labor Standards Act (FLSA) require employers to reassess their employees' exemption statuses. Effective July 1, 2024, the Department of Labor raised the minimum salary for executive, administrative, and professional exemptions to $844 per week (approximately $43,888 per year), with another increase set for January 1, 2025, raising the threshold to $1,128 per week (approximately $58,656 per year), and automatic updates starting July 1, 2027. However, employers must also consider state-specific laws, which might set higher salary thresholds for exemption eligibility than the new federal standards.

​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)

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.

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.

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.