Earlier this week, Chief Justice Roberts denied the Home Care Association of America’s request for a stay of the federal appeal court’s August decision to reinstate the Department of Labor’s (DOL) Home Care Rule. A stay would have delayed the effective date of the Rule, which is scheduled for October 13, 2015. While the Supreme Court can still decide to take up the case, it is important to be prepared for the rule to go into effect next week.
The following enforcement schedule has been announced by DOL:
October 13, 2015: Court of Appeals decision becomes effective, and the Home Care Rule takes effect. DOL will not begin enforcement of the Rule, but private action can be taken.
November 12, 2015: DOL will begin “selective enforcement” of the Rule. Through December 31, 2015, DOL will be in its previously announced time-limited non-enforcement period. During this period DOL will exercise prosecutorial discretion, however private action can still be taken.
January 1, 2016: Full enforcement of the Rule begins.
It is extremely important to understand the Rule and get involved in your state’s efforts to prepare for its implementation. Our input is the only way to ensure that states do not cut services or dismantle consumer-directed programs. As a reminder, NCIL worked with several other national advocacy organizations to develop documents to help you take action. With the Rule’s effective date rapidly approaching, our advocacy is critical!
