H.R. 2304: Ensuring Access to Affordable and Quality Home Care for Seniors and People with Disabilities Act

This bill, titled the "Ensuring Access to Affordable and Quality Home Care for Seniors and People with Disabilities Act," seeks to amend certain provisions of the Fair Labor Standards Act of 1938 to maintain specific exemptions related to home care services. The key points of the bill are as follows:

Definitions of Services

• Companionship Services: This term refers to non-medical services that provide fellowship, care, and protection for individuals who are unable to care for themselves due to age or physical or mental challenges. Examples include assistance with daily activities like bathing, meal preparation, laundry, and providing companionship. However, companionship services cannot exceed 20% of total weekly work hours dedicated to general household tasks.
• Domestic Service: This encompasses household services performed in a private home, including roles such as cooks, maids, nannies, and home health aides.
• Third-party Employment: This refers to employees who provide companionship or domestic services but are employed by an agency or employer different from the family receiving the service.

Preservation of Exemptions

• The bill aims to preserve the companionship services exemption under the Fair Labor Standards Act. Specifically, it states that these services will continue to be exempt from minimum wage and overtime pay requirements, even if the services are provided through third-party employment.
• It also seeks to maintain the live-in domestic services exemption, which similarly allows for these services to remain exempt from overtime pay requirements, again including services provided through third parties.

Impact on Employment Regulations

The legislation modifies existing text within the Fair Labor Standards Act to clarify that the exemptions for companionship and domestic services apply regardless of whether the employee is directly hired by the family or through a third-party employer. The intent is to ensure that families can access affordable home care without the burden of increased labor costs associated with minimum wage and overtime protections.

Non-Inclusion of Medical Services

It is specified that companionship services do not include tasks that require trained medical personnel, such as nursing care, ensuring that the distinction between medical and non-medical personal care is maintained.

Conclusion

The intent of the bill is to provide clarity and ensure continued access to affordable home care options for seniors and individuals with disabilities, thereby safeguarding both the nature of these services and the employment conditions of those who provide them.

Relevant Companies

• CNX Resources Corporation (CNX) - Companies providing care services may be affected by changes in employment costs associated with home care aides.
• CVS Health Corporation (CVS) - CVS offers home health services that might be influenced by this bill's implications on staffing and compensation.