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HCAOA WEEKLY NEWSLETTER
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The HCAOA Weekly is a brief update that will be distributed to HCAOA members each week. This communication complements our quarterly newsletter, The Voice, and will provide a vehicle for ensuring a regular flow of information on a more frequent basis. With ever evolving information in the home care industry, we want to ensure the lines of communication remain open and members have a source for quick, valuable news at their fingertips.
Table of Contents

Member News

Chapter News

Congressional Update

Congressional Corne
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Member News

Update on New York Home Care Provider Rulings That Live-In Home Care Attendants Must be Paid for Sleep and Meal Periods
 

By: Angelo Spinola and Pierre Noebes
 

In the Spring edition of The Voice we informed you of a current rash of wage hour class action cases stemming from a pair of New York state appellate decisions pertaining to New York employers that offer 24-hour home care for clients. The New York home care industry has faced collapse since a series of New York Appellate Division decisions invalidated New York Department of Labor (NY DOL) policy and held that home care attendants working 24-hour shifts who are employed by third-party agencies had to be paid for every hour of the shift and employers could not deduct sleep and meal periods. Although federal courts refused to follow the Appellate Division decisions, over 145 class action complaints have been filed on behalf of home care attendants seeking pay for the sleep and meal periods their employers deducted over the previous six years. The uncertainty on how to pay the attendants could only be resolved by the Court of Appeals. Now, that time has come. On March 7, 2018, the Second Department Appellate Division issued a decision certifying the question to the Court of Appeals, paving the way for final resolution of this matter in New York.
 
Please click here to read the full article.

2018 HCAOA Annual Leadership Conference

 
Call for Speakers Now Open!
As the premier association representing the home care industry, HCAOA is committed to connecting and educating our members. We stay on top of the latest issues, have our finger on the pulse of future trends and keep our member companies informed. Whether providing training on the latest business strategies or technologies, or hosting our dynamic annual leadership conference, HCAOA enables members to grow, advance their workers' skills and meet the needs of America's seniors. 
 
The 2018 HCAOA Annual Leadership Conference will take place in Washington, DC on September 22-25 at the Marriott Wardman Park Hotel. HCAOA is encouraging our members to attend the conference this year with the theme, "The Voice of Home Care for American Families: Advocating for Our Seniors." We invite you to share your knowledge, experience and expertise with our members. Our conference provides sessions that appeal to the seasoned home care business professional as well as those new to the industry.
 
Presenter Incentives
  • (1) Complimentary hotel night
  • (1) Complimentary Annual Leadership Conference Registration along with all meals provided with the registration
  • Opportunity to share your expertise with Home Care Provider business owners across the country
 
If you know of a colleague or speaker/presenter that may be interested in submitting a proposal, please feel free to share this information as you see fit. All proposals must be submitted to the HCAOA no later than Friday, April 13. Proposals will be reviewed by our Conference Committee and presenters will be notified of their presentation status by June 15.
 
Please click here to view a list of topics, as well as to submit a speaking proposal for the 2018 Annual Leadership Conference.
 
Thank you and we look forward to reviewing your proposal!
 
Secure Your Exhibit Booth and Sponsorship Packages Today!
Made up of over 2,700 business owners from communities across the country, HCAOA members represent millions of dollars in purchasing power each year. If you are a company that serves the home care market, you don't want to miss the opportunity to interact directly with company decision makers at an event that is guaranteed to attract top home care industry leaders.
 
The conference allows you to simultaneously introduce your company's latest products and services, and gain valuable feedback from potential customers. This ability to reach an ever-expanding audience can cultivate new leads, increase sales metrics and help your company build new relationships.
 
To learn more about exhibit and sponsorship opportunities, please see the 2018 Annual Leadership Conference Sponsorship Prospectus.
 
We look forward to seeing you in Washington, DC this fall!

2018 Home Care Benchmarking Study

Get the latest insights, trends, and analyses of the private duty home care industry. For the 9th year, Home Care Pulse has partnered with HCAOA to produce the most comprehensive national study for the industry. The study includes reports on finance, sales & marketing, operations, recruiting & retention, and client experience aspects of home care businesses. It also includes articles from industry experts, providing their insight on successfully navigating through the challenges home care owners are facing and on positive trends impacting home care.
 
Take advantage of the pre-order pricing through March 31, 2018 to save $100!
Chapter News

HCAOA Connecticut

 
Chapter Opposes Registration of Home Care Workers
 
Last week, the Connecticut General Assembly’s Aging Committee approved a bill that would require home care workers to apply to the state every two years and obtain a certificate of registration. The initial application would require proof of training in homemaker services, as a certified nurse assistant, or home health aide, or minimum two-years relevant experience.
 
HCAOA Connecticut opposes House Bill 5322 because it would serve no legitimate purpose, hinder employment in the home care industry, and drive caregivers to a private, unregulated market, HCAOA Connecticut argued in its testimony. The bill “raises privacy issues and questions concerning administration, affordability and enforcement by the state.”
 
The Department of Consumer Protection is opposed to the bill because the agency does not have the resources and staffing needed to administer the bill, which was presented and supported by the Connecticut Association of Home Care Registries.

HCAOA Connecticut supports a provision in the bill that would add to the notice registries are required to provide consumers, which would protect consumers and build on a law enacted last year.
 
Lastly, HCAOA Connecticut seeks to amend House Bill 5322 to require registries to provide a notice to an individual whom they supply, refer or place with a consumer of homemaker or companion services specifying the type of employment relationship the individual has with the registry and its legal liabilities to the individual. The notice would be similar to the notice that registries are already required to provide to consumers. Many of these persons may not be aware of their status and relationship to the registry or consumer, HCAOA Connecticut noted, and they should be informed clearly of their role.
 
The bill was referred to the General Law Committee, which did not act on the bill.


Connecticut Care at Home Day at the Capitol
Join HCAOA Connecticut and the Association of Connecticut Homecare Agencies for a day at the capitol. Attendees will network with lawmakers, hear a presentation from chapter leaders and participate in an award ceremony for key state officials. Don't miss this opportunity to learn about critical public policy issues affecting the home care industry and how the chapter is leading the industry’s response.
 
When: Tuesday, April 17, 2018 | 8 am - 10:30 am 
Where: Legislative Office Building, 2nd floor atrium, 300 Capitol Avenue, Hartford, CT
 
Space is limited, so please register early! To assist us in ordering continental breakfast, please register no later than Wed., April 11, 2018. Attendees can schedule meetings with lawmakers on their own.
 
Click here to register!
 
If you have any questions please contact Nataly Schwartz, HCAOA Manager of Chapter Services, at nataly@hcaoa.org or (202) 508-3872.

HCAOA California

 
AB 2455: Oppose and Take Action Today!
 
As you may know, Assemblyman Ash Kalra has introduced a new bill (AB 2455), which is very similar to the vetoed AB 1513 and that would violate the privacy of your home care aides. HCAOA California needs your help to stop AB 2455. 
 
Below is the contact information for several members of the Assembly Human Services Committee who need to hear from you and your home care aides regarding AB 2455. We need everyone to contact these committee members - especially constituents who live within a member's district, as messages received from those constituents make a strong impact. 

Please use the Find Your Rep website to determine your district representatives. If your district is represented by any of the members listed below, please call their offices and send messages through their constituent response pages. If you do not reside in one of these districts, please still call the members' offices to voice your opposition to this harmful legislation. Click here to view suggested talking points and instructions.

Blanca Rubio (Dem), Chair
AD 49 Cities: Azusa, Baldwin Park, Duarte, Glendora, Covina and West Covina.
  • Capitol Office Phone Number: (916) 319-2048
  • District Office Phone Number: (626) 960-4457
  • District Office Address: 100 North Barranca Street, Suite 895 West Covina, CA 91791
  • Rubio's Constituent Response Page
Joaquin Arambula (Dem)
AD 31 Cities: Mostly Fresno, but there are a handful of tiny cities in Arambula's district, including the City of Kingsburg.
  • Capitol Office Phone Number: 916) 319-2031
  • District Office Phone Number: (559) 445-5532
  • District Office Address: Hugh Burns State Building, 2550 Mariposa Mall, Suite 5031 Fresno, CA 93721
  • Arambula's Constituent Response Page
Eloise Gomez Reyes (Dem)
AD 47 Cities: San Bernardino, Colton and Fontana.
  • Capitol Office Phone Number: (916) 319-2047
  • District Office Phone Number: (909) 381-3238
  • District Office Address: 290 North D Street, Suite 903, San Bernardino, CA 92401
  • Reyes's Constituent Response Page
Mark Stone (Dem)
AD 29 Cities: Santa Cruz, Monterey, Watsonville.
  • Capitol Office Phone Number: (916) 319-2029
  • District Office Phone Number: (831) 425-1503
  • District Office Address: 701 Ocean Street, 318-B, Santa Cruz, 95060
  • Stone's Constituent Response Page
Thank you for your support!


Joint Lobby Day with CAHSAH
 
Assemblymember Blanca Rubio (right) addresses lobby day attendees.
On Wednesday, March 14, HCAOA co-sponsored a lobby day jointly held with CAHSAH at Capitol Plaza Halls in Sacramento.The event was a huge success with over 75 people in attendance. The meeting started with a working breakfast, during which, attendees were welcomed by both CAHSAH and HCAOA leaders, including HCAOA Executive Director, Phil Bongiorno. Attendees were also given a brief “lobbying 101” explanation about what to expect during the day. Assembly Member Blanca Rubio was the guest speaker and talked about her role in the legislature both representing the interests of her constituents of her district and all citizens in the state of California. This was followed by a policy briefing on legislative priorities by HCAOA and CAHSAH lobbyists. After a brief luncheon the group then walked to the Capitol for appointments with their legislators. Members met with legislators and discussed issues pertinent to home care providers such as the need to defeat AB 2455.

HCAOA Arizona

 
Lobby Day
Senator Rick Gray and Senator Nancy Barto address lobby day attendees.
HCAOA Arizona and the Arizona In-Home Care Association (AZNHA) held their first lobby day at the state capitol in Phoenix on Thursday, March 15. The day started bright and early at 8:30 a.m. Attendees observed the House Health Committee Hearing, which started at 9:00 a.m. Afterwards, attendees had meetings scheduled with their local legislators where they were able to generally discuss the value of in home care services provided by our members in Arizona and proposed legislation of particular interest to the home care industry. After the meetings concluded, members attended the legislative day lunch with guest speakers Senator Rick Gray and Senator Nancy Barto. The day ended with the group observing a floor session in the Senate Gallery where they were recognized at the beginning of the floor session.

HCAOA Ohio

 
Chapter Meeting Next Week
 
Join HCAOA Ohio for an upcoming chapter meeting via conference call.
 
Date: Wednesday, March 28 
Time: 1:00 PM Eastern 
Phone Number: (872) 240-3412 
Access Code: 578-217-253
 
The following will be discussed during this meeting:
  • HCAOA survey to Ohio home care providers
  • AARP Ohio article
  • Ohio Task Force on Alzheimer's
  • Update on HCAOA chapter activity in other states
  • Future HCAOA Ohio meetings 
Click here to RSVP for this meeting.

If you have any questions please contact Manager of Chapter Services, Nataly Schwartz at nataly@hcaoa.org or 202-508-3872.

HCAOA Washington

 
Blooming with Bloomers Conference
Join HCAOA Washington for the 11th Annual Chapter Conference!
 
Date: May 1 and 2
Time: 8:30 a.m. - 4:30 p.m. Pacific
Location: Embassy Suites SeaTac
 
If you have any questions about the conference, please contact the 2018 Conference Chair, Jeff Wiberg at jeff.wiberg@fhccares.com.
 
Click here for the Blooming with the Boomers – WAHCA Statewide Conference Attendee Registration!
 
Sponsor and exhibitor registration for the 2018 WAHCA Annual Conference is also available! See a detailed list of packages in the 2018 Exhibitor, Sponsorship & Ad Guide.
 
If you would like to register for more than one package please contact Nataly Schwartz at nataly@hcaoa.org or 202-508-3872.
 
Click here for the Blooming with the Boomers – Sponsor & Exhibitor Registration!

HCAOA Florida
 

Chapter Update


HCAOA Florida has engaged in the following activities in the current state legislative session on behalf of our HCAOA members in Florida:
  • Hosted their first lobbying day in Tallahassee on January 23, 2018.
  • Ensured that the scope of services provided by hospices did not expand which would have resulted in more competition in our growing industry.
  • Lobbied for amendments to a bill that would have allowed all local governments to require caregivers to register with each governmental entity. The amendments were designed to exempt licensed agencies. However, HCAOA Florida opposition of the bill helped prevent the bill from passing.   
  • Monitored a proposed bill that would have allowed all local governments to require caregivers to register with each government entity and established that anyone working with a licensed agency would be exempt from this registration.
Congressional Update

Omnibus Spending Bill Awaited

 
Leaders in Congress from both parties said they’re on the cusp of settling on a $1.3 trillion spending bill to avoid a government shutdown this weekend after key compromises were reached during overnight talks.
 
Full details of the catch-all bill are expected to be unveiled later today. The House plans to vote on it Thursday under a waiver of rules that normally would require a vote to be delayed another day, a GOP lawmaker said. The spending measure likely will be the last major piece of legislative business before November congressional elections.
 
Current government funding runs out at the end of the day Friday. Congress may still have to pass a stopgap funding bill to keep the government operating until the overall spending measure gets final approval.
 
One area to watch is for a possible agreement between the House and Senate Veterans Affairs Committees relating to three VA proposals which could make it into the omnibus package: 1) a plan to consolidate VA’s community care programs into one, integrated network, 2) a systematic review of VA’s aging infrastructure and facilities, and 3) an expansion of the department’s caregiver assistance program. The resolution of all three of these issues, much less one of them, would be a significant win for VA congressional leadership.

House Holds Hearing on Labor’s AHP Proposed Rule

 
On March 20, a hearing was held to explore a recent Labor Department proposed rule that would make it easier for small businesses to band together to provide health insurance. The House Committee on Education and the Workforce’s Subcommittee on Health, Employment, Labor, and Pensions heard testimony from real-estate professionals, franchisers, a health-care attorney, and the small business community about the DOL proposal that would expand access to association health plans by changing the definition of “employer.” The change would make it easier for small businesses to band together into groups based on industry or geography and form health plans for their members.
 
The DOL proposed the rule after the administration asked it to consider expanding access to the plans in an Oct. 2017 executive order. The comment period for the rule ended March 6. HCAOA submitted positive comments on behalf of home care providers.
 
The proposed rule doesn’t require plans to cover essential health benefits as required under the Affordable Care Act (ACA). Critics say the cheaper, less robust plans would lure healthy people away from the individual and small-business markets of the ACA, leaving behind an older, sicker population. Supporters argue that small employers and their employees need more options to be able to afford to offer coverage to employees.
Congressional Corner

Cindy Hyde-Smith


Mississippi Gov. Phil Bryant is expected to appoint Cindy Hyde-Smith to replace retiring Sen. Thad Cochran, the Clarion-Ledger reports. Cochran previously announced he would leave the Senate on April 1, citing health issues. Hyde-Smith, the state's agriculture commissioner, would be the first female U.S. Senator in the state's history.
The appointment is temporary, with a special election to be held on Nov. 6, the same date as the 2018 midterms. The winner of that election will serve the final two years of Cochran's term. The special election is unusual in that all candidates will appear on a single ballot, with no party affiliations listed. If no candidate gets a majority of the vote, a top-two runoff election will follow on Nov. 27.

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

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