HHSC has authorized amendments, new rules, and repeals in 40 TAC Chapter 48, Community Care for Aged and Disabled, effective May 23, 2016. The adopted rules:
The rules were published as proposed in the Texas Register on Jan. 8, 2016 and published as adopted on May 20, 2016.
Email questions to firstname.lastname@example.org(5/25/2016)
HHSC has authorized amendments to 40 TAC Chapter 44, Consumer Managed Personal Attendant Services, effective May 23, 2016. The adopted rules:
The rules were published as proposed in the Texas Register on Jan. 8, 2016, and published as adopted May 20, 2016.
Email questions to email@example.com(5/25/2016)
On October 6, 2015, Chief Justice of the United States John Roberts denied an application to stay a decision by the U.S. Court of Appeals for the District of Columbia upholding the U.S. Department of Labor's Home Care Final Rule. Therefore, the court's decision on August 21, 2015 took effect on October 13, 2015.
Enforcement of the final rule begins November 12, 2015. However, from November 12, 2015 through December 31, 2015, DOL will exercise prosecutorial discretion in determining whether to bring enforcement actions, giving strong consideration to the extent to which states and other entities have made good faith efforts to bring their home care programs into compliance.
The Home Care ruling addresses minimum wage and overtime protection policies in the following programs or services, including the Consumer Directed Services (CDS) Option:
For previous DADS alerts on the litigation, see "Department of Labor Appeals Home Care Ruling" and "Recent Court Decision Regarding Amended United States Department of Labor Regulations." For more information on the ruling, see DOL's webpage: http://www.dol.gov/whd/homecare/litigation.htm.
For further information, see the following DOL website at http://www.dol.gov/whd/homecare/; call DOL's toll-free information and helpline, 1-866-4USWAGE (1-866-487-9243), available 8am to 5pm in your time zone; or consult your legal counsel.
For CDS employers, DADS has reissued Information Letter 14-66, Impact of Department of Labor Companionship Exemption on Financial Management Services Agencies and Consumer Directed Services Employers (PDF), originally published on October 17, 2014.(10/14/2015)
Want to keep up with ICD-10 as implementation moves along? Then read the ICD-10 blog on their website.
In addition, the DADS ICD-10 News & Resources webpage includes links to this blog and other ICD-10 resources for providers.(10/5/2015)
On Sept. 1, 2015, providers must begin paying employed or contracted personal attendants who work in the following programs at least $8 an hour, up from the current $7.86 per hour minimum.
Newly employed or contracting attendants hired on or after Sept.1, 2015, must be notified of the required base wage level within 3 days of being hired.
Title 40 Texas Administrative Code §§49.312 requires that people working as personal attendants in the services/programs listed above, whether as employees or contractors of a provider or as employees or contractors of subcontractors, be paid at or above a specified minimum hourly base wage. The requirement to pay providers of CFC PAS/HAB, effective Sept.1, 2015, will be addressed in a future rule project.
Questions can be directed to Frank Plummer at 512-438-2188 or firstname.lastname@example.org.(8/27/2015)
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