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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

HCAOA Submits Comments to New York Predictive Scheduling Proposal

 

HCAOA submitted comments in response to a recent New York State Department of Labor notice proposing predictive scheduling regulations on home care and other industries in New York. The proposed regulations would revise the Minimum Wage Order for the Miscellaneous Industries and Occupations to limit employers’ ability to schedule employees for on-call shifts and require employers to pay employees for cancelled shifts and newly issued shifts. The proposed regulations would affect any employer that is covered under the Minimum Wage Order for the Miscellaneous Industries and Occupations, including home care companies.
 
Under the proposed regulations covered employers must: 

  • Pay at least four hours of “call-in pay” to any employee who reports for work by request or permission of the employer
     

  • Pay an additional two hours of call-in pay to an employee who reports to work for any shift that has not been scheduled at least 14-days in advance
     

  • Pay an additional four hours of call-in pay to an employee whose shift is canceled within 72 hours of the scheduled start of such shift
     

  • Pay an additional four hours of call-in pay to an employee who is required to be available to report to work
     

  • Pay an additional four hours of call-in pay to an employee who is required to be in contact with the employer within 72 hours of the start of the shift to confirm whether to report to work. 

The proposed regulations specifically do not apply to exempt, executive, administrative and professional employees, and also do not apply to employees who are covered by a valid collective bargaining agreement that expressly provides for call-in pay. The HCAOA also supported comments submitted by the Littler law on behalf of a coalition of home care providers in New York state. We will keep you posted on any developments on the proposed regulations.

Survey for the 2018 Home Care Benchmarking Study

In partnership with Home Care Pulse®, HCAOA is proud to invite all home care providers to participate in the annual survey to contribute data to the 2018 Home Care Benchmarking Study. By participating, you will receive a discount code upon completing the survey, which you can use to pre-order the 2018 Home Care Benchmarking Study for just $99.

The survey opens on February 1 and will close on February 28. To participate, download the Survey Prep Worksheet to help you gather and organize the necessary information. With a completed Survey Prep Worksheet, the survey can be taken in about 30 minutes. 

This study continues to deliver the most comprehensive U.S. home care industry data available to current and potential home care providers. Your participation helps contribute to the greater depth of insight and understanding that this study provides. To learn more about participation and rewards, visit 
benchmarking.homecarepulse.com/participate.

FORTUNE Magazine to Publish “Best Workplaces in Aging Services” List – Here is How to Apply and Why

 
Home care providers have the opportunity to rise to national prominence this year. That’s because FORTUNE magazine will be publishing its inaugural awards for the “Best Workplaces in Aging Services.”
 
FORTUNE, who works with research institute Great Place to Work®, publishes “top workplace” lists. The most notable is the 100 Best Companies to Work For, where Google often tops the list, alongside Wegmans Food Markets, The Cheesecake Factory, and Marriott. Other lists include the Best Workplaces for Women as well as industry lists such as Financial Services, Manufacturing, and Healthcare.
 
“But home care agencies could never compete against the Mayo Clinics of the world,” said Dr. Jacquelyn Kung, who announced the news. “Great Place to Work is recognizing senior care as its own industry, deserving of its own recognition and list.”
 
For the first time, Great Place to Work® is focusing on aging as a sector. The application, which includes two parts, is adapted to accommodate the nuances of senior care work, including non-medical home care. For instance, the Trust Index, the proprietary survey of employees, has long been distributed by email or paper. Of course, neither method worked for home care.
 
Now, Activated Insights, the Great Place to Work® company dedicated to senior care, has adapted it to home care, including SMS/texting and languages such as Spanish, Portuguese, Chinese, and many other options.
 
How to Apply 
 
Employee engagement and a culture audit are the two parts of the application. Randomly selected employees at participating agencies will fill out a 60-question Trust Index, which covers the five components of employee trust which fuels employee engagement: credibility, respect, fairness, pride and camaraderie. Other judged information is gathered though a culture assessment answered by the agency. There is a fee of $995 to apply which covers the cost of the program manager that is assigned to help guide you through the process as well as to produce your high level results report. Additional data analyses and insight recommendations can be purchased separately. For more information or to sign up, visit: activatedinsights.com
 
Why Home Care Agencies Are Applying
 
Any home care owner or manager knows how difficult it is to recruit and retain good caregivers and staff. Three decades of research by Great Place to Work® Institute has found that turnover is reduced by an average of 50% for top workplaces, compared to the rest of the industry. Please see the figure below.
So the benefits are: 
  1. Measure your employee engagement using the Great Place to Work® gold standard metric. Compare it to where else your aides and CNAs may choose to work. Improve as a workplace.
     
  2. If your scores qualify, you can get certified as a Great Place to Work®, which helps attract and retain employees. You can use this well-recognized Certification on your website and recruiting materials. (If your scores do not qualify, your application is kept confidential.)
     
  3. If your scores are among the top in the U.S., you can receive national recognition in FORTUNE, which produces nearly 2 million views.
We as an industry should be excited for the prominence and positive recognition that this “Best Workplaces in Aging Services” list will bring to our sector.
 
We hope that many of our members will be featured as top workplaces when FORTUNE publishes its first list in September. For more information, visit: activatedinsights.com or greatplacetowork.com.
Chapter News

HCAOA California


CA DSS Issues Emergency Regulations for Home Care; Replaces Written Directives
 
The state of California Office of Administrative Law (OAL) issued an emergency filing on a request by the Department of Social Services to adopt a new division (section 130000 et seq.) in title 22 of the California Code of Regulations. These new regulations implement the Home Care Services Consumer Protection Act (AB 1217, stats 2013, ch. 790) and are intended to replace the current directives in place and serve as the regulatory vehicle to ensure that the home care services industry has a clear understanding of the responsibilities of applying for Home Care Organization (HCO) licensure, operating requirements, and requirement for biennial visits. Additionally, these regulations provide guidelines and standards for Home Care Aides (HCAs) who are either affiliated with HCOs or choose to apply for licensure independently. OAL filed this emergency regulation with the Secretary of State, and will publish the emergency regulation in the California Code of Regulations. HCAOA intends to provide comments on the proposed regulations. If you have any questions, please contact HCAOA staff at info@hcaoa.org.

Successful Meeting in Anaheim

 
HCAOA California met last Wednesday at the DoubleTree Suites in Anaheim, CA. The meeting was a great success, with over 40 people in attendance.
 
During the meeting, HCAOA California Chapter Co-Chair, Trevor O’Neil reviewed the chapter’s many victories from 2017 – including defeat of AB 1513, which would have released caregivers’ private information. The successful negotiation over licensing fees with the Department of Social Services was also highlighted, in addition to outlining the legislative agenda for the coming year.
 
HCAOA Executive Director, Phil Bongiorno was in attendance to deliver a brief overview of HCAOA’s activities at the federal level, while HCAOA California lobbyist, Tony Gonzalez discussed chapter advocacy at the state level.
 
The meeting closed with an open forum, allowing attendees the opportunity to ask questions. Also in attendance was attorney Bob King, who provided answers to various legal questions from the audience.

HCAOA Florida


Tampa Bay Newspaper Solicits Readers to Provide Negative Home Care Experiences

Thanks to Paul Lallanilla from Right at Home of Pasco, HCAOA would like to call attention to our members, especially those in Florida, a solicitation by the Tampa Bay Times, asking readers to provide their negative experiences with home care agencies. The Tampa Bay Times recently printed a brief article and included an online form asking readers: “If you or a loved one has had problems with a Florida-based home health care provider, please tell us your story.” This unconventional approach to investigative journalism by attempting to find problems through an open solicitation is troubling to say the least. We encourage you to send a message to the newspaper CEO Paul Tash at timespresident@tampabay.com or general at custserv@tampabay.com  owner expressing your concerns with this approach. You can also call the Tampa Bay Times at 800-888-7012.

Legislative Report

 
The following is the active legislation HCAOA Florida is working on and where it is in the legislative process. 
  • Hospice Care (HB 497 by Rep. Stone | SB 724 by Sen. Garcia): This bill authorizes hospice providers, or providers operating under contract with hospice, to administer palliative care to seriously ill patients and their families. The bill is on the House Health Innovation Subcommittee on January 23. This is the first committee of reference for this bill. A group of HCAOA members contacted legislators prior to and during the committee hearing, in opposition to this bill. The Senate version of this bill has not been placed on any committee agenda.
     
  • Registration of Home Caregivers (HB 835 by Rep. Harrell | SB 1316 by Sen. Baxley): This bill authorizes local governmental entities to establish a home caregiver registration program. We have been working with the bill sponsors in efforts to amend this legislation. Our goal is to exempt home care providers, who are already regulated by the state and not subject to register with any local government program. Neither the House nor the Senate version of this bill has been placed on any committee agenda.
     
  • Elimination of Remuneration Fines for Nurse Registries: This is the second consecutive year that nurse registries have filed language to eliminate fines for paying remuneration in exchange for patient referrals. HCAOA's concern isn't with the language eliminating remuneration for all home care providers, but rather that the language they propose only applies to nurse registries. We worked with the Agency for Health Care Administration throughout the summer and the committee process, and we believe we have stopped this legislation for the 2018 session. The bill was filed in the House and not the Senate. However, the House sponsor withdrew the bill prior to introduction, which allows this language to be amended to almost any bill which references chapter 400 of Florida Statutes. We will be watching amendments as they are filed in efforts to keep this language from passing.

HCAOA Washington


Reminder! In-Home Care Services Day
Tuesday, January 30, 2018 | State Capitol in Olympia, WA
The Home Care Association of Washington, WA State Hospice and Palliative Care Organization and the Washington Home Care Association invite you to In-Home Services Day! 

For the past six years, our associations have joined forces to meet with Washington State legislators to discuss important issues for in-home services agencies licensed under the Department of Health (DOH). In the real world, home health, hospice and home care agencies work cooperatively together all the time. Our associations typically have a very similar legislative agenda and legislators really appreciate the fact that we coordinate this day together instead of three different meetings! It's also a fun way to get to know other in-home service providers from around the state and in your region.

The legislative session began on January 8, 2018. We have been contacting legislators early this year because 2018 is the 60-day "short-session" of the legislature. Public policy hearings and bills move very rapidly during a short session. As a reminder, Washington State has a biennial legislature. The states biennial Operating Budget is amended with a Supplemental Budget in the short session and bills live for two years, so some bills we were tracking last year may be back this year. Please contact your local legislators and set up a meeting on January 30, 2018.

Click HERE to find your state legislators. Please use your home address and not your business location, as they want to meet with their constituents who live in their districts.

Once you've made appointments, please send your appointment times to Leslie at lesemerick@lkemerick.com. If you need additional assistance, please call 360-280-6142. We have some legislative districts that overlap between constituents and we try to consolidate those meetings. All meetings will be on the master agenda for the day.

Please begin calls for legislative appointments ASAP as their schedules will fill up quickly during the session!

Please schedule appointments to begin after 8:00 AM so that attendees can participate in the morning advocacy training activities. Most appointments can be scheduled via an email request, although it is often better to call the legislator's office directly. Some legislative assistants may ask for what you are going to talk about. Explain to them what in-home services are (home health, hospice and home care) and that we will be talking about issues related to these services.

Click HERE to view the 2018 In-Home Services Day schedule.

We will be in the Washington Library Room in the lower level of the Prichard Building until 2:00 pm:

Prichard Building
415 Sid Snyder Avenue SW 
Olympia, WA 98504.

Food is available in two cafeterias on the Capital Campus: Dome Deli in the Capital Building and the Prichard Library Cafeteria. Parking is not easy on campus, but will be accessible early in the morning at the Visitor's Center. Please pay for 8 hours of parking at the pay station so you don't have to worry. Credit cards or cash are accepted.

This may look overwhelming to the new participants, but don't worry! We have a training in the morning to go over talking points for the day and put you with more experienced attendees. Please remember rule number one: be flexible and have fun!

HCAOA Illinois


Call to Join Conference Planning Committee
 
Have some great ideas for the May Annual Conference? We can’t wait to hear them! You can help HCAOA Illinois plan the May Annual Conference. It’s a great opportunity to get more involved on a chapter level, while making your impact on this important event.
 
To join the conference planning committee, please contact Nataly Schwartz at nataly@hcaoa.org. Last year’s first annual conference was a HUGE success! We need your support to help make the next conference just as great, if not better.
Congressional Update

Open for Business


President Donald Trump signed a bill on Jan. 22 to keep the government open through Feb. 8 and fund the Children's Health Insurance Program for six years – formally ending a three-day shutdown over an immigration impasse. The bill easily cleared the Senate and then passed the House on Monday, after Senate Majority Leader Mitch McConnell (R-Ky.) offered to consider legislation that would codify protections for immigrants illegally brought to the U.S. as children. House Speaker Paul Ryan (R-Wis.), however, made no such commitment.

Department of Labor Nominees Advance for a Second Time
 

On Jan. 18, the Senate labor committee approved several of President Donald Trump's Department of Labor (DOL) nominees, including Patrick Pizzella for the agency's second highest position.
 
By voice vote, the Committee on Health, Education, Labor and Pensions (HELP) approved Pizzella for DOL deputy secretary; Scott Mugno for DOL assistant secretary, Occupational Safety and Health Administration; William Beach for Bureau of Labor Statistics commissioner; and Cheryl Stanton for Wage and Hour Division administrator.
 
The HELP Committee advanced the nominees in a party-line vote last year, but the congressional session ended before lawmakers could get around to votes by the full Senate. That restarted the confirmation process this year, which included the White House needing to renominate.

Congressional Corner

Senator Tina Smith (D-MN)

 
Senator Tina Smith (D-MN) is the newest member of the Senate – replacing former Senator Al Franken, who resigned after being accused of unwanted sexual conduct. Dubbed "the velvet hammer" for her mix of personal warmth and toughness, Tina Smith supports a progressive agenda that favors a larger federal government footprint on domestic policies.
 
Though she has a short resume as an elected official – serving since 2015 as Minnesota's lieutenant governor – Smith spent several decades working behind the scenes within the Democratic-Farmer-Labor Party, including tenures as chief of staff to Gov. Mark Dayton and former Minneapolis Mayor R.T. Rybak.
Smith was raised in Santa Fe, New Mexico, where her father worked in the oil business. The family moved from time to time, depending on his job. They were living in Anchorage, Alaska when his work took him to San Francisco. Then 16, she wanted to stay in Alaska and her parents allowed her to remain for a summer job on a kitchen staff for Prudhoe Bay Pipeline construction workers. She earned a bachelor's degree in political science from Stanford University in 1980, and then a master's in business administration at Dartmouth College in 1984. That year, she married Archie Smith and moved to Minnesota for a marketing position with General Mills.
 
Smith later co-founded a marketing and communications firm and in the 1990s, volunteered on local campaigns in Minneapolis with the Democratic-Farmer-Labor Party. In 1998, she managed Ted Mondale's campaign for governor. In 2002, she was a top advisor to Ted’s father, Walter Mondale – former vice president who ran for Senate after Paul Wellstone's death in a plane crash. Neither campaign was successful.
 
In addition to her marketing firm, Smith was an executive for Planned Parenthood of Minnesota, North Dakota and South Dakota. Then in 2006, she served as chief of staff for Minneapolis Mayor Rybak for four years, playing a critical role in getting the mayor and Gov. Tim Pawlenty to quickly respond to the Interstate 35W Bridge collapse in 2007. Rybak sought the Democratic nomination for governor in 2010 and lost to Dayton. Smith then worked on Dayton’s campaign, headed his transition team and was appointed his chief of staff.
 
In 2013, Dayton put her in charge of winning legislative approval of a massive public-private partnership to expand the Mayo Clinic in Rochester. The lobbying effort worked and she was later appointed to lead the board that oversees the project.
 
A year later, Dayton tapped Smith to be his running mate. They won the 2014 election with just over 50 percent of the vote, defeating the Republican team by less than 6 percentage points. She announced in March 2017 that she wouldn’t be running for governor when Dayton retires at the end of 2018. On the day she was named to replace Franken, Smith announced she would run in the November 2018 special election to fill out the final two years of his term.

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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