Washington, D.C. – Representatives Tim Walberg (MI-05), Larry Bucshon (IN-08), and Adrian Smith (NE-03) introduced the Ensuring Access to Affordable and Quality Home Care for Seniors and People with Disabilities Act. The legislation would reverse an Obama-era Department of Labor rule to ensure that seniors and individuals with disabilities have access to affordable companion care. The legislation would restore the exemption under the Fair Labor Standards Act for home caregivers employed by a third-party employer or living with the individual receiving care.
“As America’s population of seniors and individuals with disabilities continues to grow, there is a greater need for companion care,” said Rep. Walberg. “However, over the years, the Department of Labor’s misguided regulation has limited affordable access to in-home care for vulnerable Americans. My legislation would reverse this rule to ensure that these individuals have the option to receive quality care in the comfort of their own homes instead of being forced to leave their homes and enter institutional living. The legislation will also empower independent caregivers by allowing them to determine their own work relationships with families, free from government regulations.”
“The Ensuring Access to Affordable and Quality Home Care for Seniors and People with Disabilities Act strikes a balance that allows families to afford companion care while ensuring fair treatment for independent caregivers,” said Dr. Bucshon. “I am proud to join Representative Walberg in the effort to address the growing caregiver shortage by re-introducing legislation that limits federal regulation and restores the prior exemption standard.”
“Prior to 2015, Americans providing vital in-home care were exempt from arbitrary labor regulations which were inappropriate for the services they provided,” said Rep. Adrian Smith. “This legislation would eliminate Obama-era red tape which has complicated access to in-home care and contributed to a caregiver shortage. I thank Reps. Walberg and Bucshon for their commitment to empowering Americans with the flexibility necessary to meet their families’ home care needs.”
“The Private Care Association (“PCA”) expresses its sincere gratitude to Representative Walberg for his leadership in re-introducing the Ensuring Access to Affordable and Quality Home Care for Seniors and People with Disabilities Act. This action reaffirms Congress’s 1974 commitment to keep home care affordable for working families and empowers independent caregivers to determine their work relationships with families, free from government restrictions,” said Lori Dahan, PCA President. “We believe the widely reported caregiver shortage can best be addressed by making the home-care profession more attractive by restoring a caregiver’s right to enter into a lasting relationship with one client and become a part of the family, as opposed to being forced to work short engagements with a multitude of different families, due to regulatory restrictions. We applaud Representative Walberg for re-introducing this much-needed bill to remove those restrictions.”
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*media courtesy of Rep. Tim Walberg’s office*