UPDATE: Supreme Court Decides Home Care Rule Can Move Ahead

Over the past months we’ve been updating you on status of implementation of the Home Care Rule.  The most recent activity was in August when the appeals court determined that the Department of Labor could move forward with the long-delayed rule that would extend minimum wage and overtime protections to homecare workers.

Earlier this week the Supreme Court announced that it will not block the implementation of the Department of Labor’s rule.  The new rules do not apply to home-care workers who are hired directly by patients or their families, but only to those who are employed through businesses, including nonprofit organizations such as United Cerebral Palsy.

Several home care providers had sued to block the rule, which provides protections to workers who provide in-home care for the elderly, people with disabilities and others, arguing that it would negatively impact millions of older Americans and people with disabilities.

Many United Cerebral Palsy affiliates provide such vital services for people with disabilities. When the rule was issued, UCP made a statement warning of serious potential consequences people with disabilities and their families faced and urged Medicaid agencies to set reimbursement rates that would enable caregivers to continue to provide the critical support people with disabilities need to live at home.

“We want to see those caregivers fairly compensated for their work, but we don’t want that to come at the cost of someone else’s independence. We have come so far in helping individuals remain in their homes,” said Stephen Bennett, President and CEO of UCP.

A few things to note.The Department of Labor has announced a delay in the enforcement of the new rules, which was supposed to begin in January of 2015. While they Supreme Court has ruled they may still choose to take up the case sometime in the future; this most recent decision declines stopping the Labor Department from implementing the rule in the meantime.  We are working with other organizations to determine options and alternatives for how to proceed.  We know how important this is to you and will continue to provide updates as information becomes available.