Rules, Rules and More Rules!

April 23, 2024

Rule #1

The U.S. Department of Labor’s final Overtime Rule governing the salary threshold for exemptions from overtime pay for executive, administrative, and professional employees was released today. 

Quick references: 

While we have included the phased implementation of the salary threshold from DOL’s website below, we will be working quickly to offer our analysis of the final rule and its impact to community providers which will be posted to the ACC as soon as possible. In the meantime, please visit the Overtime Rule Action Center to see our fiscal impact analysis, fact sheets, and ANCOR’s submitted written comments to the proposed rule. 

Standard Salary Level

  • Before July 1, 2024 – $685/week (equivalent to $35,568/year) 
  • July 1, 2024 – $844/week (equivalent to $43,888/year) 
  • January 1, 2025 – $1,128/week (equivalent to $58,656/year)  

Rule #2

The rule on access to services was published yesterday by CMS (1005 pages!); the first 954 were their report, analysis and response to comments (not included here) and the last 51 are the rules (changes to what is already in place).  You will remember that this is the one that sets a requirement of 80% of the provider reimbursement must go to DSP compensation.  We did not think this was going to apply to most of the services we provide, and my read of the document suggests that it does not apply to anything other than homemaker, home health aide or personal care services  (look for the section on payment adequacy).

ANCOR is providing briefings for members
and we will have a lot more information by the Member call on 3 May!