FEEDBACK NEEDED: The Impact of the Companionship Exemption Repeal
HCAOA is seeking feedback from providers who have been impacted by the inability to claim the companionship exemption.
Due to changes to the Fair Labor Standards Act (FLSA) in 2013 that narrowly redefined "companion services", third-party employers are prohibited from utilizing the companionship exemption, which has imposed significant financial and operational burdens on the home care industry.
HCAOA has been raising awareness of the need to restore the pre-2014 definition of "companion services" and reinstating the companionship exemption for home care workers employed by third-party agencies, emphasizing its necessity for ensuring access to affordable care, supporting workforce sustainability, and meeting the needs of families nationwide.
HCAOA has the opportunity to provide the White House a packet of information about the need to restore the companionship exemption, and we need input from impacted members as soon as possible.
Please fill out the below survey to share the impact of this issue on your agency and those you serve. This information will be compiled and shared without names/agency attached.
If you have any questions, please contact advocacy@hcaoa.org.
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1.
Please provide your name and email address so that the HCAOA can follow-up with you to get more detailed information, if necessary. Please note that all information provided will be kept anonymous and not directly attributed to you or your agency.
(Required.)
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2.
Please describe the revenue range of your organization.
(Required.)
Less than $100,000
$100,001-$500,000
$500,000-$1,000,000
$1,000,001-$5,000,000
$5,000,001-$10,000,000
$10,000,001-$20,000,000
$20,000,000+
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3.
Please estimate the costs incurred, such as lawyer fees, HR, or consulting fees trying to understand and/or implement the rule.
(Required.)
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4.
How much money did you and your colleagues spend reviewing and trying to understand the rule (take the estimate amount of time to review, understand and implement and multiple each employee spent by that employee’s hourly rate)?
(Required.)
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5.
Please estimate the costs incurred by having to train supervisory staff. Please include costs associated with increasing scheduling and oversight needs by managerial staff.
(Required.)
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6.
Please estimate the costs incurred by having to train, recruit, and retain additional caregivers because of the lack of this exemption?
(Required.)
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7.
Please describe any costs incurred by acquiring any tech/software to comply with the rule.
(Required.)
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8.
How much revenue was lost due to an inability to provide live-in care? If you can, please try to project the annualized revenue lost.
(Required.)
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9.
Please describe the impact of increased overtime costs on an annualized basis.
(Required.)
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10.
Please describe the impact to clients you serve and the caregivers you employ.
(Required.)