tci Medicare Compliance & Reimbursement - 2012 Issue 3

Home Health Compliance: Don't Jump The Gun On Companionship Exemption Planning

How much risk are you willing to take on? The Department of Labor's dramatic proposal to eliminate the companionship exemption for all employees of home care agencies can make providers want to take action, but you may want to hold off. Elimination of the companionship exemption for home care employees will subject them to overtime and minimum wage requirements in the Fair Labor Standards Act. But don't be so sure that proposed elimination will take place, says Washington, D.C.-based attorney Elizabeth Hogue. "Regulations addressing the minimum wage and overtime exemptions related to home care have a very...

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