Labor Policies Threaten Home Care Providers: ‘Agencies Are Truly Getting the Worst of Both Ends’

Home-based care providers are dealing with an ongoing pandemic and simultaneously tackling vaccine education, procurement and distribution. Now, a slew of legislative labor provisions are threatening to disrupt both home health and home care agencies across the country. After President Joe Biden was inaugurated, his administration released a fact sheet that said “workers have a […]

Top Home Health, Home Care Legal Concerns for 2021

Wage-and-hour litigation, confusing state-level regulations and an increase in federal audits were among the biggest legal trends of 2020. While many of these issues will remain in the year ahead, 2021 will also bring several more legal hurdles for home-based care providers. The decision of whether to mandate COVID-19 vaccinations for home health and home […]

Lack of Stimulus Bill Could Lead to Rise in COVID-Related Lawsuits

Throughout 2020, there have been a number of new laws and legal trends that could have major impacts on the in-home care industry. In order for providers to be successful in the long run, it’s important to remain abreast of the latest developments. That was the message delivered by Angelo Spinola, an attorney and shareholder […]

DOL Revises FFCRA Regulations, Potentially Sparing Home-Based Care Providers

Originally, home-based care providers were largely exempt from the mandates tied to the Families First Coronavirus Response Act (FFCRA), including significant paid sick and family leave for workers during the COVID-19 crisis. Yet in early August, a court ruling by the Southern District of New York found that the U.S. Department of Labor (DOL) had […]

NAHC’s Dombi: COVID-19 Tests Have Limitations, Shouldn’t Be Viewed as ‘Panacea’

Home health operators shouldn’t get overly excited about federal testing support just yet. William A. Dombi — president of the National Association for Home Care & Hospice (NAHC), a Washington, D.C.-based advocacy group — is cautioning providers to take a measured view of the conversation regarding potential COVID-19 tests being sent to the home health […]

New Court Ruling Creating ‘Tremendous Amount of Confusion’ Over Paid Leave in Home Care

After a Monday ruling regarding the Families First Coronavirus Response Act (FFCRA), many home-based care agencies are no longer considered health care providers, meaning they’ll now be forced to abide by robust federal paid-time-off mandates. “There’s a tremendous amount of confusion [over this], and I think that a lot of providers do not understand what […]

In-Home Care Providers May Face More Workplace Discrimination Lawsuits Moving Forward

In-home care providers may have another legal concern to watch out for during the remainder of 2020 and beyond. At a time when states are seeing widespread protests against police violence toward Black Americans and other people of color, workplace discrimination is increasingly being thrust into the spotlight. With conversations surrounding deep-rooted racial injustice growing […]

What Home-Based Care Agencies Need to Know About OSHA’s New Guidelines

In an effort to ease some of the COVID-19 burden, federal regulators have relaxed certain restrictions on home-based care providers since the Trump administration declared a public health emergency on March 13. But while the Centers for Medicare & Medicaid Services (CMS) and other agencies loosen their grip, the Occupational Safety and Health Administration (OSHA) […]