In This Issue:

Executive Corner

Featured Article

Public Policy/Advocacy News

Member News

Featured Associate Members

Welcome the Newest Members of HCAOA

Executive Corner

Over the past three months, I have crisscrossed the country traveling from CA to NJ engaging members and potential members, discussing the threats and opportunities facing the home care industry and the work HCAOA is doing in response on behalf of the industry. Atop the list is our continuing court battle with U.S. Department of Labor that has now formally moved to the U.S. Circuit Court of Appeals. On May 7, the U.S. Court of Appeals for the District of Columbia Circuit heard oral arguments in the DOL lawsuit to determine whether to reverse or affirm the previous District Court's decision to stay the Department's companion care exemption final rule that would have redefined the FLSA's exemption for workers who provide companionship services to seniors and individuals with disabilities. As previously reported, the Circuit Court of Appeals hearing process is structured using a three-judge panel and there was little indication over how the decision will go, and it would be highly speculative to make any kind of prediction. We expect a ruling before July 4 and have every intention to appeal the case to the U.S. Supreme Court, if the Court of Appeals reverses the District Court's decision. We will continue to update you on any developments.

Frankly, our organizational efforts are futile without an engaged membership to support the activities of the association. As we embark on implementing the recently developed HCAOA strategic plan, we need your help to support these activities through various leadership opportunities that are available to HCAOA members. Beginning with the HCAOA Board of Directors and the working committees structured to implement the association's objectives, we invite HCAOA members to engage in the leadership opportunities available to you. Our staff has developed two online forms to make it easy for members to place his/her name in for consideration to serve on the Board or a HCAOA committee.

The Call for HCAOA Board Members form is set up for those members interested in serving on the HCAOA Board of Directors. Those names will be forwarded to the HCAOA Nominating Committee for consideration. A slate of candidates will be developed in advance of the upcoming HCAOA annual business meeting board elections held during the HCAOA Annual Leadership Conference.

The Member Engagement form is structured in a less formal process. The form includes a list of opportunities from which members can elect to become involved in HCAOA, including committee membership and chapter leadership positions.

If you are interested in serving in either of these capacities, please click the corresponding link above and make a commitment today!

Featured Article

2015 HCAOA Annual Leadership Conference: United We Stand

We are excited to announce Tommy G. Thompson, former Secretary of the U.S. Department of Health & Human Services as the Keynote speaker for the upcoming HCAOA Annual Leadership Conference to be held September 27-30 in Washington, DC. Secretary Thompson has worked to develop innovative solutions to address health care challenges facing American families, businesses, communities, states and the nation as a whole. In his keynote address, Secretary Thompson will focus on the essential role of home care in the health care continuum. In addition, in his experience as a four term Governor of Wisconsin and as a long time Wisconsin state legislator, Thompson will discuss the critical importance of political involvement at the state and federal levels.

Tommy G. Thompson
Former Secretary
U.S. Department of Health & Human Services

We are also pleased to announce that our General Sessions will be led by Aaron Marcum and Pat Cooney. In a recent Home Care Pulse Private Duty Benchmarking study, caregiver shortage was deemed as the number one threat to home care providers based on results from the study participants.

Aaron Marcum, CEO Home Care Pulse, conducted the study and will present "Five Key Strategies That Drive Caregiver Retention." In his presentation, he plans to explore five ways you can decrease caregiver turnover, which will in turn enhance The Client Experience. Aaron will draw upon the best practices of Best of Home Care� award winning providers, findings from the 2015 Private Duty Benchmarking Study, and his own experience as a former private duty home care owner.

Patrick Cooney, President The Federal Group, Inc. who represents HCAOA on federal legislative and regulatory matters will provide a HCAOA Public Policy Update. Pat will review HCAOA's progress on key issues facing the home care industry at both the state and federal level. Participants will also learn how to become an active advocate and develop techniques to build relationships with policy makers.

Aaron Marcum, CEO
Home Care Pulse

Patrick Cooney, President
The Federal Group, Inc

As part of our focus on advocacy, this year's theme, United We Stand, highlights the importance of being an advocate on behalf of the home care industry. HCAOA members attending the conference will utilize that instruction and put those tactics into use in congressional visits on Capitol Hill for the first Annual Leadership Conference Congressional Lobby Day.

Also, at the conference the participants learn from industry leaders in expert breakout sessions on a range of must-see topics including:

Advocacy
Operations
Care Development Plan
Sales/Marketing

Click HERE to view the Annual Leadership Conference Brochure for more information on session titles, descriptions and the conference schedule.

Vendors

HCAOA members represent millions of dollars in purchasing power each year. The HCAOA's membership is made up of over 2,500 business owners representing communities across the country. If you are a company that serves the home care market, you don't want to miss this opportunity to interact directly with company decision makers at an event that is guaranteed to attract top leaders from across the industry.

New in 2015 - Choose Your Booth Location!

Registrations are time and date stamped, therefore those who register first will have the first booth selection on a first come first serve basis. Please note the 2015 Exhibit Hall floor plan will be finalized in the coming months and the HCAOA will reach out to each vendor to schedule their booth selection.

Please refer to the 2015 Partnership Prospectus for exhibit details and sponsorship information. Click HERE to register today!

Caregiver of the Year Award

The HCAOA would like to announce the 5th Annual Caregiver of the Year Award which will coincide with the Annual Leadership Conference. The HCAOA Caregiver of the Year Award will be presented during the Annual Leadership Conference with the winner to receive a cash prize of $1,000. The winner will also receive $500 towards their travel to the conference.

The Caregiver of the Year Award is open to member companies only. Any caregiver from a member company may be nominated. However, only one nomination per member agency is permitted. Both the final award recipient and nominator must attend the conference. Please click HERE for more information and submit a nomination today!

Don't Miss These Upcoming Webinars!

Please click on the links below to learn more about these upcoming webinars and register today!

Tuesday, June 23

How to Hire (Part of 3 part series)

Presented by Symmetry Consulting

Wednesday, June 24

Is Home Care About to Get Ambushed?

Presented by Littler

Did you miss a recent webinar? Click HERE to purchase previously recorded webinars in the HCAOA Online Store.

Public Policy/Advocacy News

Labor Department Action Expected on White Collar Exemption and Independent Contractors

As the HCAOA awaits the U.S. Court of Appeals decision in HCAOA et al v Weil, the U.S. Department of Labor is poised to propose revisions to its regulations governing the so-called "white collar" exemption from the minimum wage and overtime requirements of the Fair Labor Standards Act (FLSA) for the first time in more than ten years. Current rules require that employees perform certain specific duties in order to qualify as exempt executive, administrative, or professional employees. Employees also must be paid a minimum salary of $455 per week.

Last year, President Obama ordered the Labor Department to update its regulations and on May 5, 2015, the Department transmitted its draft proposed rule for interagency review. The proposal could be finalized in the immediate future.

Among the expected proposed revisions will be a significant increase in the minimum salary level from $455 per week. Some have advocated for a minimum level in excess of $1,000 per week. The Department is also expected to propose changes to some of the duties tests, for example by requiring strict accounting of the time executive employees perform exempt versus non-exempt tasks.

Also, HCAOA has learned that the Wage and Hour Division of the Department of Labor plans to issue an administrator interpretation of what is a legitimate independent contractor. The Division is likely to establish a clear set of criteria to be used to evaluate employment relations based on the economic realities test that courts have established through case law. It is expected the guidance will clarify current law and agency expectations. We anticipate the interpretation to be issued this summer. HCAOA is carefully monitoring these issues.

Significant Policy Stories from the Past Quarter

Medicare Demo for Home Care Services

Senator Chuck Grassley (R-IA) and Senator Ben Cardin (D-MD) have introduced the Community Based Independence for Seniors Act (S.704). The bill proposes establishing a demonstration to target home and community-based care to eligible Medicare beneficiaries.

The bill envisions Medicare Advantage plans enrolling up to 5,000 seniors to participate in this demonstration which would cover the following services: homemaker services, home delivered meals, transportation services, respite care, adult day care services; and non-Medicare-covered safety and other equipment. The legislation states that the HHS Secretary would be directed to "establish a benchmark payment for reimbursing Medicare Advantage plans." HCAOA is in dialogue with staff from both Senator Grassley's and Senator Cardin's offices on this initiative.

GAO Issues Report on Home and Community-Based Care

On May 20, 2015, the General Accounting Office (GAO) issued a report titled "OLDER ADULTS: Federal Strategy Needed to Help Ensure Efficient and Effective Delivery of Home and Community-Based Services and Supports."

The report cites that as the older population continues to grow, communities will find it increasingly difficult to meet the demand for the HCBS and supports many older adults will need to age in their own homes and communities.

They state that based on recent trends, federal funding at the Administration on Aging (AoA), Housing and Urban Development (HUD), and Department of Transportation (DOT) for HCBS and supports is not likely to keep pace with demand for these services and supports, making it important to ensure that the federal resources available for this purpose are used effectively and efficiently.

The report recommends that the Secretary of the Department of Health and Human Services should facilitate development of a cross-agency federal strategy to help ensure that federal resources are effectively and efficiently used to support a comprehensive system of HCBS and related supports for older adults. Through such a strategy the agencies could, for example, define common outcomes for affordable housing with supportive services, non-medical transportation, and nutrition assistance at the federal level; develop lessons learned for the local networks that area agencies on aging and community-based organizations are forming; and develop strategies for leveraging limited resources.

Huge Victory in Georgia!

On May 5, Georgia Governor Nathan Deal signed the Home Care Patient Protection Act (HB183) into law, culminating a huge legislative victory for home care providers in Georgia and the HCAOA Georgia Chapter. State Representative Jesse Petrea (R-Savannah), co-sponsor of HB 183, attended the bill signing event for HB 183 at the State Capitol and stated "I am proud to stand with my colleague and friend, Rep. David Knight, and celebrate the signing of HB 183 into law by Governor Nathan Deal. As a member of the home care industry and an advocate for aging services, I see first-hand the need for this legislation. I would like to thank Rep. Knight for his leadership and the Home Care Association of America for its work on this bill."

HB 183 revises the scope of individuals who can provide services through a private home care provider. This legislation requires private home care providers to hire caregivers as employees and not as independent contractors to provide personal care, companion, or sitter tasks. However, this legislation allows private home care providers to provide services through contractual arrangements with independent contractors who are licensed healthcare professionals.

Gov. Nathan Deal signing HB 183. Standing (left to right) are Scott Maxwell, Coastal Home Care lobbyist; Ashley Jenkins, assistant to HCAOA lobbyist Rusty Paul; Rep. Jesse Petrea; Rusty Paul, HCAOA lobbyist; Rep. David Knight, author of HB 183; Martin Miller, Coastal Home Care; and Dave Lamb, Caremaster Home Care.

Member News

New Vendor Brochure Highlights Associate Member Products and Services

We invite members to visit the new Associate Member Vendor Brochure on the HCAOA website, with a fresh new look highlighting the latest information on the products and services offered by our industry vendor partners. We encourage all members to utilize the vendor products and services offered by our Associate Members, especially the special discount offers available only to HCAOA members! We appreciate the support of our Associate Members and know they will appreciate yours.

Leaders Wanted to Develop Non Chapter States

If you are in a state without a current HCAOA chapter and are interested in starting a chapter, we want to hear from you. Please contact us and we can provide more detailed information on the process of forming a chapter and how you can take a leadership role! Please utilize the Membership Engagement form as mentioned in the Executive Corner article above or, please contact LeAndrea Cunningham, HCAOA Manager, Membership and Chapter Services at leandrea@hcaoa.org for further information.

HCAOA Member Tip

Did you know you could update your contact information on your HCAOA profile online?

HCAOA would like each member to login to www.hcaoa.org to check your contact information to see if anything needs to be updated.

To update your contact information, just follow these steps:

1. Login to www.hcaoa.org

2. Click on Manage Profile

3. Click Edit Bio

This will allow you to update any contact information that HCAOA has on file for you.

Feel free to contact LeAndrea Cunningham, Manager, Membership & Chapter Services at leandrea@hcaoa.org with any additional questions