Remedy still sought.
The U.S. Supreme Court has declined to hear the industry’s challenge to Department of Labor regulations eliminating the so-called companionship exemption for home health agency staff.
After a lengthy legal process, the DOL rule containing the change will stand. The elimination of the exemption to minimum wage and overtime requirements took effect last October (see Eli’s HCW, Vol. XXIV, No. 36).
“Home care companies have adjusted operations through increased use of part-time workers, restrictions on work hours to avoid overtime costs, and increased staff recruitment,” notes the National Association for Home Care & Hospice. “However, these are costly changes that do not provide the optimum options for care delivery and management.”
NAHC is continuing to seek a remedy to the rule, which reversed longstanding DOL policy, it says. Legislation may be one solution.