Licensed Home Health

HOME HEALTH UPDATE

Quarterly Release: October 2019

REGULATORY ACTIONS:
CAHSAH advocates and provides regular updates to its members on regulations that impact our industry. Some of the recent regulatory actions impacting licensed home health agencies included:

LVN Scope of Practice Update: The Board of Vocational Nursing and Psychiatric Technicians (BVNPT), along with the Respiratory Care Board, continue to work to clarify the role and scope of practice for Licensed Vocational Nurses (LVNs) in caring for patients on ventilators. The BVNPT released draft proposed statutory changes for the scope of practice for LVNs. CAHSAH wants to ensure that providers review the proposed language and report any concerns and suggestions to CAHSAH so that we can provide a united response to the Board.

Department of Public Health Issues New TB Testing Protocols: All home health providers are advised to review the California Department of Public Health’s latest release on TB testing protocols included in All Facilities Letter 19-28. The AFL is in response to the recent shortage of TB skin tests.

CDPH Licensure Renewal Update: Renewal notices are sent to all entities licensed by the Department of Public Health 45-120 days prior to the license expiration date. It is the responsibility of the facility’s licensee to obtain a renewal notice.

US Department of Labor’s Overtime Rule Sets New Thresholds: The US Department of Labor has issued a final rule which updates the earning thresholds necessary to exempt executive, administrative, or professional employees form the FLSA’s minimum wage and overtime pay requirements and allows employers to count a portion of certain bonuses and/or commissions toward meeting the salary level.

According to this final rule, the Department of Labor will:

  • raise the “standard salary level” from the currently enforced level of $455 to $684 per week (equivalent to $35,568 per year for a full-year worker);
  • raise the total annual compensation level for “highly compensated employees (HCE)” from the currently enforced level of $100,000 to $107,432 per year;
  • allow employers to use nondiscretionary bonuses and incentive payments (including commissions) that are paid at least annually to satisfy up to 10 percent of the standard salary level, in recognition of evolving pay practices; and
  • revise the special salary levels for workers in U.S. territories and in the motion picture industry.


STATE LEGISLATION:

CAHSAH has identified over 200 bills that will be tracked during the 2019 Legislative year. The following bills are CAHSAH’s “priority” legislation in relation to home health services:

AB 5 (Gonzalez): CAHSAH took an “Oppose Unless Amended” position on this bill which would codify the Dynamex decision relative to classifying independent contractors. The bill was signed into law without a carve out for home health and hospice providers and takes effect January 1, 2020.

AB 1544 (Gipson): CAHSAH opposed this bill which would have expanded the scope of paramedicine into hospice services by individuals who are neither trained, licensed, nor regulated to provide such services. The bill failed passage by the Legislature.



 California Association for Health Services at Home
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