us department of labor companionship exemption...companionship exemption april 21, 2016 ....
TRANSCRIPT
![Page 1: US Department of Labor Companionship Exemption...Companionship Exemption April 21, 2016 . Companionship Exemption • January 2016 • New Federal Rule – Fair Labor Standards Act](https://reader036.vdocuments.net/reader036/viewer/2022081401/5f03e08a7e708231d40b350c/html5/thumbnails/1.jpg)
US Department of Labor Companionship Exemption
April 21, 2016
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Companionship Exemption • January 2016
• New Federal Rule – Fair Labor Standards Act
• Impacts agencies employing Direct Care Workers providing in-home services
o Attendant Care
o Personal Care
o Homemaker
o Respite
• A total 1,800 (74%) members live in their own home
• There are 67 agencies providing in home services (50 are not contracted by an MCO)
2 Reaching across Arizona to provide comprehensive quality health care for those in need
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What is different?
• Agencies must pay DCWs overtime if they work over 40 hours per week
o If a DCW makes $9.00 per hour, they must get paid $13.50 for each hour worked over 40 hours per week.
• Agencies must pay DCWs for time they spend traveling from work with one member to work with another member
3 Reaching across Arizona to provide comprehensive
quality health care for those in need
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What is NOT different?
The new rule does not change the number of services and service hours authorized by the Case Manager and outlined on the member’s service plan.
4 Reaching across Arizona to provide comprehensive quality health care for those in need
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Agency and Member Decisions
• Agencies can decide whether or not to allow DCWs to work more than 40 hours per week.
o If an agency decides not to allow DCWs to work more than 40 hours per week, members may have to make decisions about the DCWs providing their care.
A priority must be placed on the preservation of the member’s services and service hours and their
preferences for the DCW(s) providing their care.
5 Reaching across Arizona to provide comprehensive quality health care for those in need
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AHCCCS Work Plan • Collect information from agencies [March/April 2016]
o Plans to comply with new rule
o Number of members who may need to make new decisions about who is providing their care
o Number of DCWs who had hours reduced
• Send Member notice [April 2016]
• Evaluate current compensation rate structure based upon analysis of costs potentially incurred by providers to comply with the new ruling [Ongoing]
6 Reaching across Arizona to provide comprehensive quality health care for those in need
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Thank You.
7 Reaching across Arizona to provide comprehensive quality health care for those in need