Below is an update from Vorys on the status of the companionship exemption.

 

 

Anita Allen

Vice President

Ohio Provider Resource Association

1152 Goodale Blvd

Columbus  OH    43212

614-224-6772 x110

614-655-0170 direct

614-224-3340 fax

The Trusted Voice for Providers Serving Ohioans with Disabilities for over 40 Years.

 

 

 

 

 

In late 2014, the DOL indicated that it would not start enforcing the new companionship regulations until July 1, 2015. 

 

In separate rulings in late December 2014 and mid-January 2015, the U.S. District Court for the District of Columbia struck down the two parts of the new regulation that were opposed by health care providers, namely:  (1) the provision excluding third party employers (such as home health care providers) from taking advantage of the exemption; and (2) the provision that narrowed the exemption to the point where almost no one could use it. 

 

Those rulings were appealed by the DOL.  A hearing was held before a three-judge panel of the D.C. Circuit Court of Appeals on May 7, 2015.  Based on what I read, the judges gave no hints about how they might rule.  At this point, we are waiting for a ruling.  Whoever loses will probably ask the entire D.C. Circuit to review the case and/or will appeal to the U.S. Supreme Court.  If the appellate court sides with the DOL, it may or may not stay enforcement of the regulations during the course of an appeal.

 

In other words, the July 1 date is meaningless at this point except to the extent it means that providers may have to move quickly if an adverse ruling is issued by the D.C. appellate court. 

 

Mike