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MAY 3, 2013 -The fight to keep the companion exemption in place continues. The good news is that the scheduled repeal date has passed (April 2013) but media coverage, for the most part, has been rather in favor of the repeal. Many members are asking what can they do to help. We ask that you to contact your Congressperson and encourage them to support keeping the companion exemption in place.
Recently, Representative Bill Cassidy's (R-La) office contacted the PCA and indicated that the Congressman would like to sign a joint letter to OMB opposing the proposed changes to the companionship exemption. There is another opportunity for House Members from any state to sign a joint letter to OMB, along with Rep Cassidy. Please contact the PCA as soon as possible if your House Member has expressed an interest in signing a joint letter to OMB, so we can help them connect with Representative Cassidy's office.
APRIL 8, 2013 - U.S. Senators Alexander, Burr, Johanns, Coburn and Cornyn sent a letter to the Obama Administration's Office of Management and Budget (OMB) urge the administration to return the proposed rule that would raise the cost of Companion Care to the Labor Department for "a more accurate analysis." Read the full press release.
APRIL 3, 2013 - Please help us to continue to fight the proposed changes to the Companionship Services Exemption, which would increase the cost of private in-home care by more than $10,000 annually for millions of seniors and disabled individuals throughout the U.S. Send a letter to the editor of your local newspaper and encourage the DOL to preserve the overtime portion of the Companion Care Exemption.
February 25, 2013 - The PCA is urging consumers, caregivers and home care advocates to ask Congress to protect access to and the affordability of home care for seniors and disabled individuals. Contact your Congressperson and ask him or her to support proposals that would preserve the Companionship Services Exemption. Visit http://whoismyrepresentative.com to find out who represents you in Congress by searching the database using your zipcode or state.
Learn more by reviewing these "Talking Points" and download our form letter to send to your Congressperson urging him or her to support proposals that would protect the Companionship Services Exemption, including H.R. 5969, the "Ensuring Access to Affordable and Quality Companion Care Act" and H.R. 5970, the "Protecting In-Home Care from Government Intrusion Act." Ask them to reject those proposals that would eliminate or severely narrow the Companionship Services Exemption. Encourage them to keep home care affordable for seniors and disabled adults.
February 19, 2013 - A recent court decision rejected a caregiver's Workers' Compensation claim against a care recipient and held, under the facts at issue in the case, that the care recipient had no such liability - for two separate and independent reasons, namely, because (i) the caregiver was an independent contractor and (ii) the care recipient was not engaged in a trade or business. Read the full story.
January 1, 2013 - Please make sure you RSVP to the PCA "Fly-In" in Washington, DC February 26 - 27th. We encourage you to make travel arrangements and join us for this very important Fly-In. Review more details here, or contact PCA Vice President Amy Natt for additional information: firstname.lastname@example.org. RSVP to email@example.com.
October 22, 2012 - Meet the PCA's new Board of Directors! Congratulations to our new team and we appreciate everything that the 2011-2012 team has done for our organization. Read the press release.
October 17, 2012 - Support the PCA Political Action Committee (PCA PAC) by donating today! You must donate from a personal account and the donation is not tax deductible. Your support is appreciated! Fill out this form to donate.
July 19, 2012 - The PCA has released two documents providing an overview of the current status of the administrative and legislative developments affecting the companionship exemption to the Fair Labor Standards Act of 1938 (the "FLSA"). The memorandum describes the status overall and the Bill Chart provides a comparison of how each supportive bill would amend the FLSA. View these documents on our DOL Updates Page.
July 9, 2012 - View this OpEd piece that appeared on CNN.com on July 3 titled "Mandating Overtime Pay Hurts Caregivers and Seniors."
July 5, 2012 - Patient Protection and Affordable Care Act Withstands Supreme Court Scrutiny
The U.S. Supreme Court upheld the principal provisions of the Patient Protection and Affordable Care Act ("PPACA") in a 5-4 decision released on June 28, 2012, authored by Chief Justice John Roberts. The Court did invalidate certain provisions contained in the PPACA that would have permitted a dramatic reduction in federal Medicaid funding to any state that refused to expand Medicaid coverage along the lines the PPACA would have required.
The Court effectively returns the health-care reform debate back to the Congress and White House. PPACA's fate now likely will be determined be the November elections, as presumptive Republican nominee Mitt Romney indicated a desire to repeal the law, whereas President Obama yesterday reiterated his support for the law, while expressing a willingness to modify the law in areas where it can be improved. The composition of the next Congress also will be a material factor, as the extent to which the Congress and President are aligned on health-reform issues will affect the extent to which whether any statutory changes will be made.
PCA will continue to actively monitor the PPACA and health reform generally, and become engaged in the process when appropriate.