New Olmstead Guidance Issued as States Implement New Home Care Rule
The U.S. Department of Justice (DOJ) Civil Rights Division and the U.S. Department of Health and Human Services (HHS) Office for Civil Rights recently released a joint letter offering guidance on the Department of Labor’s (DOL) 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. The letter makes 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.
A new resource, Advocacy Steps for Consumers and Advocates Regarding the Home Care Rule: Update on Requirements of the Americans with Disabilities Act and Olmstead, can help inform people with disabilities, seniors and advocates in taking action using this new guidance.