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News

ARTICLE

Date ArticleType
2/21/2013 Professional Interest Sections

National Policy Issues Affecting Consumer Wages
James M. Hammond, III

 
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Handout - CMS-2249-P2: Comments to Proposed Rulemaking Amending Medicaid Regulations to establish Community Setting Requirements (PDF)
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Handout - Commonly Found Department of Labor Audit Violations (PDF)
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Handout - Wage & Hour Division: Allowance for Non-Productive Time (PDF)
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Handout - Bills Reauthorizing the Workforce Investment Act  (PDF)
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National Policy Issues Affecting Consumer Wages
James M. Hammond III

Federal Issues Relating to Consumer Wages
  A. Fair Wages for Workers with Disabilities (HR 3086)
     I. Authored by Cliff Sterns (R-FL) & Tim Bishop (D-NY) - 82 co-sponsors
     II. Assigned to House Education & Workforce Committee
     III. Died - Likely to be re-introduced during this Congress

  B. Reauthorization of the Rehabilitation Act
    I. House & Senate bills somewhere different The Workforce Investment Improvement Act of 2012 (H. R. 4297)
    II. Definition of competitive employment
    III. Funding for VR services
    IV. Two committees to hear draft legislation - HELP (Health, Education, Labor & Pensions) and the House Committee on Education and the Workforce.

 C. Department of Justice Activities relative to Day, Employment and Residential settings.
    I. Virginia settlement - Developmental Training Centers
    II. Oregon - A "letter of interest" filed by DOJ

D. CMS definition of settings
   I. Proposed rulemaking - April 15, 2011, CMS published a Notice of Proposed Rulemaking to amend the HCBS regulation. On May 3, 2012, CMS issued a new proposed rule, which supersedes previous proposed rules.
   II. Current HCBS regulation defines "expanded habilitation" as including prevocational services and supported employment services.
   III. The proposal also specifies that a HCBS setting may not include any locations that have "qualities of an institutional setting, as determined by the Secretary."
    IV. INARF, ANCO, ACCESES' responses (see handout)

Preparing for a DOL Audit
  A. FLSA, as amended Regulation 525
    I. General Coverage & Section 14(c)/Regulation 525
    II. Objective of a section 14(c) investigation/audit
    III. Commonly Found Violations
    IV. Recordkeeping requirements

Commonly Found Violations
  1. Failure to use proper sources when conducting a prevailing wage survey.
  2. Failure to properly document the prevailing wage survey and to maintain that documentation.
  3. Failure to obtain the experienced rate when conducting prevailing wage surveys.
  4. Failure to determine prevailing wage rates at a minimum of once a year.
  5. Failure to adjust prevailing wage rates after a minimum wage increase.
  6. Failure to adjust piece rates and hourly rates as a result of adjustments/changes to the prevailing wage.
  7. Failure to evaluate hourly paid workers with disabilities on a timely basis and/or failure to timely adjust the hourly rates after the employee is evaluated.
  8. Payment of a blanket "training wage" or "training rate" rather than basing pay on the commensurate wage (see FOH 64g07(a)(2)b).
  9. Using behavioral standards when conducting quantity and/or quality evaluations of hourly paid workers (see FOH 64g05(d)).
  10. Rounding errors in time studies and when computing the commensurate wages, for example, where the piece rate multiplied by the standard units per hour fails to yield at least the prevailing wage rate.
  11. Inadequate time studies, such as failure to include irregular elements (like equipment failure or depletion of needed supplies).

© Indiana Association of Rehabilitation Facilities, Inc. (INARF)
    615 North Alabama Street, Suite 410, Indianapolis, IN 46204
    (t) 317-634-4957 / We'd like to hear from you! 
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    • INARF 2024 Annual Conference >
      • Annual Awards >
        • Annual Awards Nominees
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    • INARF Nursing Resources
    • Submit a Presentation
    • We'd Like to Hear From You!
  • Resources
    • Job Board
    • Technical Assistance >
      • Compliance
      • Waiver Services
      • ICF/MR – Group Homes
      • Electronic Visit Verification
      • Vocational Rehabilitation
  • Government Affairs
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