Department of Labor

Link Type	Document/Link Name	Date
Document	HCBS Proposed Changes	October 30, 2015
Document	DOL Consumer Information	September 15, 2017
Presentation	FMS DOL Updates Presentation	October 22, 2015
Document	DOL Final Rule Appellate Court Ruling	August 21, 2015
Document	I/DD Provider Bulletin, DOL Federal Rule	December 24, 2014
Web Link	Judge Strikes Down Wage Rule for Home Health Workers	December 22, 2014
Document	KDADS Commissioner’s Open Letter Regarding DOL Final Rule	December 12, 2014
Document	Department of Labor Final Rule – Consumer Information	August 15, 2014
Document	Department of Labor Final Rule – Provider Information	August 15, 2014
Document	KDADS Open Letter Regarding Department of Labor Final Rule	August 12, 2014

On December 24, KDADS Secretary Kari Bruffett provided an affidavit that was submitted to the court in support of the Plaintiffs’ motion for a temporary restraining order regarding the “companionship services” definition, which was set to go into effect January 1, 2015.

On December 31, the court granted a temporary restraining order, postponing the effective date of the “companionship services” definition promulgated in 78 Fed. Reg. 60,557 and to be codified at 29 C.F.R. § 552.6 until January 15, 2015. This means that the new definition for companionship services, as outlined in the DOL Final Rule, will not go into effect until, at least, January 15.

There will be more information available after a hearing on a permanent injunction scheduled for January 9.

On Wednesday, January 14, Judge Richard Leon of the DC District Court ruled in favor of the plaintiffs in Home Care Association v. Weil, vacating the FLSA Home Care Rule. DOL is expected to appeal the ruling. This webinar recording is an overview of the ruling and an analysis of its impact. NRCPDS experts discussed what this ruling means for your organization now, DOL’s opportunities for appeal, and possible future outcomes of Home Care Rule litigation and how they could affect stakeholders in self direction.

For more information about the court determination on the Department of Labor Final Rule please view the slides or go to the National Resource Center for Participant-Directed Services website to find out what is next for the Fair Labor Standards Act.

On August 21, 2015, the U.S. Court of Appeals for the District of Columbia reversed the lower court’s decision in Home Care Association Case, on May 7, 2015, and decided on August 21, 2015 that the DOL Final Rule was valid.

DOL Final Rule Appellate Court Ruling - 8.21.15