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Home Care Industry Update

About the Event:

Please join Polsinelli, The National Association for Home Care & Hospice (NAHC), and the Home Care Association of America (HCAOA) for a legal update tailored for the Home-Based Care Industry (home health, home care, and hospice providers). We will provide a substantive overview of the latest federal legislative and regulatory developments impacting our industry, including the anticipated impact of the recent mid-term election results, upcoming changes to federal joint employment standards and a review of recent caselaw concerning joint employment, and an analysis on the Proposed Independent Contractor Rule announced by the U.S. Department of Labor (“DOL”).  We will also summarize the status of industry-specific state law changes including caregiver pay increases in New York, the proposed New Jersey Domestic Worker Bill of Rights law, and Ohio’s new regulations for home-health and home care agencies.

In addition, Polsinelli will cover the two key federal laws that regulate the financial relationships between agencies and their referral sources: the Anti-Kickback Statute and the Stark Law. After a refresher on the scope and applicability of these laws and state law equivalents, we will provide guidance on how to structure relationships with referring physicians, compensate sales and marketing personnel, and interact with hospital discharge planners, among other topics. This review will be important for all home-based care providers, not just those participating in Medicare and Medicaid.

About the Presenters:

Angelo Spinola, Home Health, Home Care and Hospice Chair, Polsinelli

Will Vail, Shareholder, Polsinelli

Kurt Erskine, Shareholder, Polsinelli

Vicki Hoak, Executive Director, HCAOA

Bill Dombi, President, NAHC

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January 2023

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