Home Care Final Rule delayed by Department of Labor

Posted February 11, 2015 Industry Insights, Expert Tips, Company News

Department of Labor’s (DOL) Home Care Final Rule has been delayed. The rule was supposed to become effective on January 1.
According to the DOL, the Final Rule would make these significant changes to the current rules:
Tasks comprising exempt companionship services

Under the Final Rule, the definition of companionship services would be narrowed to those of “fellowship and protection”:

  • Fellowship: to engage the person receiving services in social, physical, and mental activities
  • Protection: to monitor safety and well-being by being with them at their home or accompanying them outside of the home

The definition would also include the provision of care, when the care is:

  • Provided attendant to and in conjunction with the companionship services
  • No more than 20% of weekly hours worked
  • Assisting the person with Activities of Daily Living (ADLs)
    • Examples include dressing, grooming, feeding, bathing, toileting and transferring
  • Assisting the person with Instrumental Activities of Daily Living (IADLs)
    • IADLs: Tasks enabling a person to live independently at home
    • Examples include meal preparation, light housework, and arranging medical care.

Overtime exemptions for companionship services and live-in domestic service employees

Only the individual, family, or household using the services would be able to claim overtime exemption under the Final Rule. Third party employers, such as home health care agencies, would not be exempt.

Recordkeeping

Recordkeeping requirements for employers of live-in domestic service employees would be revised.


Please note that the information contained in this document is designed to provide authoritative and accurate information, in regard to the subject matter covered. However, it is not provided as legal or tax advice and no representation is made as to the sufficiency for your specific company’s needs. This document should be reviewed by your legal counsel or tax consultant before use.

Additionally, the messages and content within the Pittsburgh Health Care Reform group do not reflect the advisory services of Henderson Brothers, Inc.