Friday, December 19, 2014

New Olmstead Guidance for Consumers and Advocates As States Implement the New Home Care Rule

as shared by American Association of People with Disabilities

American Association of People with Disabilities
 
New Olmstead Guidance for Consumers and Advocates As States Implement the New Home Care Rule

The U.S. Department of Justice’s Civil Rights Division and the U.S. Department of Health and Human Services’ Office for Civil Rights released a joint letter this week offering guidance on the Department of Labor’s new Home Care Rule. The letter describes states’ obligations under Olmstead and the Americans with Disabilities Act (ADA) as they move forward with implementation of the rule in relation to minimum wage and overtime protections for home care workers. Read the letter here: www.dol.gov/whd/homecare/hhs-doj.htm.   

AAPD has been working with other disability and aging groups to ensure that states implement the Home Care Rule in a way that doesn't cause unintended harm to consumers. The letter helps support that goal by making clear that states planning to comply with the rule by issuing blanket caps on workers' hours or travel time will be at risk of violating the ADA. Please read Advocacy Steps for Consumers and Advocates Regarding the Home Care Rule: Update on Requirements of the Americans with Disabilities Act and Olmstead to help inform people with disabilities, seniors and advocates in taking action using this new guidance. 

Please pass this material along to any interested advocates and consumers, and we thank you for your time on this issue.  
Best,
Mark Perriello
President and CEO 

American Association of People with Disabilities
2013 H Street NW, 5th Floor | Washington, DC 20006

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