DOL Home Care Rule
The United States Court of Appeals for the District of Columbia upheld last month a Department of Labor DOL regulation governing home care services for people with disabilities and seniors. Unless the U.S. Supreme Court takes action, which legal scholars believe is unlikely, the home care rule will become effective in mid-October. This new rule may impact some of your state’s long-term care programs, particularly “consumer-directed” programs where the person receiving services can hire his or her own worker (oftentimes family or close friends) and can direct the care the worker provides.
People with disabilities, seniors and advocates must be knowledgeable about this rule and advocate to ensure your state implements this rule in a way that helps consumers and the important workers who provide services to them and does not cause unintended harms, such as cuts to services, dismantling of programs that allow consumers to control their own care, or further limiting this critical workforce.
The Bazelon Center for Mental Health Law — together with the American Association of People with Disabilities, the Association of University Centers on Disability, Justice in Aging, the National Association of Councils on Developmental Disabilities, the National Council on Independent Living, and the National Disability Rights Network — has issued Action Steps for Consumers and Advocates Regarding the Home Care Rule and an accompanying summary, Home Care Rule Advocacy Fact Sheet, to help people with disabilities, seniors, and advocates take action.