May 23, 2016
There will be more to come on the topic of OT as part of the Labor Law Session at the VNPP Conference in October, but we have received some additional clarification that the DOL “non-enforcement” for providers of ID/D Residential HCBS services or facilities of 15 beds or fewer is just that – non-enforcement! The rule is not suspended and could, therefore, be enforced by private or state action. Each provider should seek their own legal council.
However, the fact that we were singled out by DOL will add great strength to the argument currently before Congress. Stay tuned!