Save New York Home Care Coalition Update
On February 12, 2019, the New York Court of Appeals will hear oral argument in the Andryeyeva and Moreno cases on whether or not the Court should uphold the NY Department of Labor (NYDOL) interpretation of the NY Labor Law which advised the home care industry that home care aides employed by third party agencies (not directly employed by the patient) working live-in (24-hour) shifts can be paid for only 13 hours of a 24-hour shift as long as they received the required sleep and meal periods.
On behalf of the Coalition, Littler made a motion to the Court of Appeals to file a brief as amicus curiae in support of enforcing the NY DOL policy. Our motion was granted and we filed the brief. In addition, the DOL filed an amicus brief, and has been given time to present oral arguments on the issue to the Court. We see this as a good sign that the Court wants to hear directly from the agency that is charged with interpreting the Labor Law. Although, of course, we cannot predict the outcome of the appeal. Several other entities also submitted amicus briefs as well.
Please be advised that you can watch the oral argument LIVE on February 12th starting at 2:00 p.m. by clicking here. If you have trouble with the live stream, you will also be able to access the archive of the oral argument. We expect a decision from the Court of Appeals within 30-60 days after the oral argument. After waiting several years for the issue to come to a head, certainty is within reach. We hope to receive the desired outcome. HCAOA will keep members posted on any developments in this case. While this case is focused on New York state, the decision in this case could have wide ranging precedent for other jurisdictions across the country.
Please contact info@hcaoa.org if you have any questions.
|
|
Order Copies of The HCAOA Value of Home Care Report and Infographic Today
|
|
Caring for America's Seniors: The Value of Home Care provides information on the growing and critical role of professional home care in the U.S. in response to the millions of aging Americans who will need care. The report shines a spotlight on home care as a valuable and vital part of the solution to the challenges that accompany population aging.
The report carefully incorporates industry facts, existing data from credible and trusted sources, and stories directly from caregivers and the families they serve to clearly articulate who we are and the benefits we provide, including benefits to seniors, their families, the health care system and the U.S. economy.
Click HERE to order your copy today. You may also order the infographic that accompanies the report. Click HERE to order the infographic.
|
|
HCAOA Connecticut
Please join your fellow members, employer-based home care providers, industry colleagues and others for the next HCAOA Connecticut Meeting.
The meeting will include a legislative advocacy and public policy report by chapter lobbyist Matthew Hallisey. A discussion about a winter educational program concerning live-in care, featuring Connecticut Department of Labor officials. Care at Home Day at the Capitol, co-sponsored with ACHA, to be held Wednesday April 3, 2019, and a roundtable discussion of issues affecting home care agency owners.
When: Wednesday, February 13 | 11:30 am - 1:30 pm
Where: Esca Restaurant & Wine Bar | 437 Main Street, Middletown, CT
Cost: $20 for members, $40 for nonmembers, registration includes cost of lunch
Click HERE to register. If you have any questions, please contact Nataly Schwartz at nataly@hcaoa.org.
Leaders Announce Priorities for the Connecticut Legislative Session
On Monday, Democrats in the General Assembly announced joint priorities for the 2019 legislative session, which include establishing a paid family and medical leave program and raising the minimum hourly wage.
“I am proud to stand here today to unveil the Democrats’ public policy priorities for 2019,” said Senate President Pro Tempore Martin M. Looney (D-New Haven). “These are important quality of life and vital economic policies for our state. The proposals outlined here will build upon the critical policy work we have accomplished in past years and will respond to the priorities of the people of our state.”
Speaker of the House Joe Aresimowicz (D-Berlin/Southington) added, “helping to improve the lives of Connecticut’s working families is a priority for our caucuses, and issues such as our workforce pipeline, earned family leave and minimum wage are important parts of the equation.”
Several bills have already been introduced on the topics, including raising the minimum wage to $15 per hour, but public hearings have not yet been held. Gov. Lamont has indicated support for both measures. HCAOA and the CBIA-led Business Coalition, which is comprised of many organizations representing numerous small businesses employing hundreds of thousands of workers across the state, are opposed to paid FMLA and a minimum wage increase. Both organizations are working to extend over several years the implementation of any minimum wage increase to $15.
|
|
The need for mobile printing has never been greater. Now you can print full-page documents practically anywhere – from your smartphone, tablet or laptop. Learn how printing at the point of care is saving clinicians time and helping with compliance, while improving productivity patient safety. Try a full-page mobile printer for free. www.brothermobilesolutions.com
|
|
|
HCAOA Virginia
HCAOA Virginia Quarterly Meeting
You are invited to attend the HCAOA Virginia Chapter quarterly meeting which will be held in two locations connected together remotely. You are welcome to attend either location. Join us for this opportunity to network with fellow home care providers in your area. Featured Speaker: James Michel is the Director of Policy and Research at Better Medicare Alliance and has more than a decade in health care policy analysis and consulting. Prior to BMA, James was a Senior Director at the American Health Care Association, the nation’s largest trade association representing post-acute and long-term care providers, where he managed much of the association’s Medicare and health information technology policy analysis and research. Before that, he worked for Booz Allen Hamilton and the Advisory Board Company, two leading, DC-based health care consulting firms. James holds a Bachelor of Science degree from the University of Michigan – Ann Arbor.
He will be providing a policy perspective regarding Medicare Advantage plans to explain what the recent changes in policy mean for the provision of new types of benefits such as the coverage of home care. If you have any questions, please contact Nataly Schwartz at nataly@hcaoa.org.
Date: Wednesday, February 27, 2019
Time: 9:00 am - 11:00 am Eastern Time
Cost: FREE for HCAOA members, $50 for nonmembers*
Locations:
- Seniorcorp, 4524 Wishart Rd, Suite 200, Virginia Beach, VA 23455
- Bright View - Woodburn, 3450 Gallows Rd, Annandale, VA 22003
Click HERE to register. Please register ahead of time so that we will have an accurate headcount for each location.
*If you register as a nonmember and then decide to join HCAOA within two weeks of the meeting date, we will apply the event registration of $50 towards your membership fee.
If you have any questions, please contact Nataly Schwartz at nataly@hcaoa.org
|
|
HCAOA South Carolina
Monthly Meeting
You are invited to attend the HCAOA South Carolina Monthly meeting. This month will be a virtual meeting which you can join via computer. We will be providing an update on chapter activity, specifically, updates on our search for a chapter lobbyist.
Featured Speaker: Dennis Powers of Lamb, Little & Co. For over 25 years Mr. Powers has been in the insurance industry. Mr. Powers will be presenting on understanding the financial impact that workers’ compensation has on all employers, big and small and “Claims Management and Accident Investigations.”
Date: Wednesday, February 27, 2019
Time: 1:30pm – 3:00pm Eastern Time
Please click HERE to RSVP and a link to join the webinar will be sent out to you prior to the meeting. If you have any questions, please contact Nataly Schwartz at nataly@hcaoa.org.
|
|
HCAOA Florida
Save the Date
Please save the date for the HCAOA Florida 2019 Lobby Day to be held on March 27, 2019.
Keep an eye on your inbox for more details and a registration link coming shortly. If you have any questions, please contact Nataly Schwartz at nataly@hcaoa.org.
|
|
HCAOA Ohio
Save the Date
Please save the date for the HCAOA Ohio 2019 Lobby Day to be held on March 27, 2019.
Keep an eye on your inbox for more details and a registration link coming shortly. If you have any questions, please contact Nataly Schwartz at nataly@hcaoa.org.
|
|
HCAOA Utah
Conference Call to Discuss Creating an HCAOA Chapter in Utah
Join your fellow home care providers in Utah and staff from the Home Care Association of America on a conference call to discuss the benefits of starting an HCAOA chapter in Utah and learn how an HCAOA chapter can help advocate in the state on your behalf. See details below:
Date: Wednesday, February 20, 2019, 1:00 pm Mountain Time
Please RSVP by clicking HERE.
Dial in information will be sent out prior to the call to those responding to the survey linked above. If you have any questions, please contact Nataly Schwartz at nataly@hcaoa.org
|
|
President Trump Speaks to the State of the Union
On February 5, 2019, President Donald Trump addressed a joint session of the Congress to present his State of the Union speech. The speech covered a range of issues. His comments on health care were focused on prescription drug costs primarily with only one reference to the Affordable Care Act (aka Obama Care).
The speech was lean on labor and employment policy, with the exception of a renewed promise to secure paid family leave for private sector workers. The Trump administration has been calling on Congress to craft policy that would give workers paid time off for a newborn child and other family reasons, but the president has yet to back a specific proposal. Republicans are expected to soon introduce legislation to allow workers to use Social Security benefits to cover paid leave, while Democrats will once again push a new family and medical leave insurance program.
Illegal immigration and issues at the southern border of the U.S. were certainly on his mind but he did state the following regarding legal immigration, “Legal immigrants enrich our nation and strengthen our society in countless ways. I want people to come into our country in the largest numbers ever, but they have to come in legally.” This statement should give home care providers with some hope that relief from the shortages of aides perhaps could come to an end if the Congress and the Trump Administration can come to an agreement on a comprehensive plan.
https://www.whitehouse.gov/briefings-statements/remarks-president-trump-state-union-address-2/
|
|
CMS Issues 2020 “Call Letter” for Medicare Advantage Plans
In last year’s Call Letter, the Center for Medicare and Medicaid Services (CMS) expanded its interpretation of how a benefit may be a “health care benefit” that is approvable as a supplemental benefit offered by an MA plan. Home care services were added to the list of expanded benefits available for MA plans to offer enrollees starting in 2019.
Separately, the Bipartisan Budget Act of 2018 (Public Law No. 115-123) amended section 1852(a) of the Act to further expand supplemental benefits that may be offered by Medicare Advantage plans, herein referred to as Special Supplemental Benefits for the Chronically Ill (SSBCI). SSBCI include supplemental benefits that are not primarily health related and/or offered non-uniformly to eligible chronically ill enrollees, as discussed below. CMS believes the intended purpose of the new category of supplemental benefits is to enable MA plans to better tailor benefit offerings for the chronically ill population, address gaps in care, and improve specific health outcomes.
Section 1852(a)(3)(D)(ii), as amended, defines a chronically ill enrollee as an individual who:
1) has one or more comorbid and medically complex chronic conditions that is life threatening or significantly limits the overall health or function of the enrollee;
2) has a high risk of hospitalization or other adverse health outcomes; and
3) requires intensive care coordination.
Recently, CMS issued its call letter for CY 2020. CMS will consider any enrollee with a condition identified as a chronic condition in section 20.1.2 of Chapter 16b of the Medicare Managed Care Manual to meet the statutory criterion of having one or more comorbid and medically complex chronic conditions that is life threatening or significantly limits the overall health or function of the enrollee.
MA plans do not have to submit the processes by which they identify chronically ill individuals that meet this definition. However, all three criteria must be met for an enrollee to be considered chronically ill, and thus eligible for the SSBCI authorized under section 1852(a)(3)(D) beginning CY 2020. CMS expects MA plans to develop and document mechanisms to identify chronically ill enrollees based on the definition above.
For further information please see https://www.cms.gov/Medicare/Health-Plans/MedicareAdvtgSpecRateStats/Downloads/Advance2020Part2.pdf
|
|
Rep. Ben Ray Lujan (D-NM
Rep. Ben Ray Lujan (D-NM) was recently elected to the House leadership as Assistant Speaker working closely with Speaker Nancy Pelosi (D-CA). He learned politics at his father’s knee in the New Mexico Legislature, and brings to Congress his view that government should play an important role in American life. Lujan is a dependable vote for the Democratic Party position on economic and social matters, and he has attracted positive notice from party leaders. In 2014, he was named chairman of the Democratic Congressional Campaign Committee, the elections arm of the House Democratic Caucus.
|
|
|
Lujan was 2 years old when his father entered the state legislature and he often wandered the halls of the capitol and attended political functions with his dad. The son started his own public career after dropping out of the University of New Mexico in 1995. He later graduated from New Mexico Highlands University in 2007.
Lujan worked for the state’s Department of Cultural Affairs and then as a deputy state treasurer until his election to the New Mexico Public Regulation Commission in 2004. The five-member PRC regulates the state’s utilities, telecommunications, motor carriers and insurance industries. The commission also is responsible for the Fire Marshal’s Office, Firefighter Training Academy, Pipeline Safety Bureau and registration of all corporations doing business in New Mexico. During his tenure, including a stint as chairman, the commission worked to ensure that health insurers didn’t unduly deny coverage.
Lujan’s three-year PRC chairmanship ended in 2007 and he competed the following year for the House in the 3rd District, seeking to succeed Democrat Tom Udall, who was running for the Senate. He won a six-way primary and went on to prevail in November with 57 percent of the votes. He hasn’t faced a serious re-election challenge since then.
Lujan’s father, also named Ben, served in the New Mexico House of Representatives from 1975 until his death in 2012. He was speaker of the House during the last 12 years of his tenure.
Shortly after Lujan’s death, the younger Lujan addressed the state Legislature, saying that his father instilled a passion in him to join with other New Mexicans -- from different backgrounds, “not red, not blue, simply Nuevo Mexicanos” -- to work for a better life for all.
|
|
Home Care Association of America
444 N. Capitol Street NW, Suite 397, Washington, DC 20001
Phone: 800-22-HCAOA Email: info@hcaoa.org Website: www.hcaoa.org
|
|
|
|
|
