The Home Care Show: A Review

by Kristin Rowan | Feb 26, 2026 | Editorial, Product Review

by Kristin Rowan, Editor

The Home Care Show

We attend a lot of events. As care at home professionals, nurses, agency owners, regulatory bodies, advocacy groups, and software solutions providers, we travel sometimes more than we are at home. As a general rule, these events comprise networking opportunities, vendor displays, educational panels, and activities. Most of the events are of good quality, well organized, and informative. After a while, they all seem to blend together and we can’t remember which event we attended last or who met at each one. Every now and again, something new comes along.

Local Event Goes National

The Home Care Show started as a regional event in New York, hosted by GlattHealth. After a few years of tri-state success, the group added The Home Care National in Miami in 2025. The Rowan Report became aware of the event through some trusted colleagues who are now on the board of the national event.

Education

After a morning networking block with several options to connect with attendees, The Home Care Show kicked off with an impressive “State of the Industry” panel. The panel included Denise Bellville, Executive Director of the Home Care Association of Florida, Damon Terzaghi, Vice President of Medicaid Advocacy & Programs for the National Alliance for Care at Home, and Eric Reinarman, Vice President of Government Relations for the Home Care Association of America.

Breakout sessions ranging from marketing to IT, led by some of the brightest minds in the industry, followed the state of the industry address. Additional panel topics included AI, payer diversification, navigating risk, optimizaing growth, and mergers & acquisitions.

Growing Pains

Any event that changes its structure, location, or size will have some growing pains. The hiccups at The Home Care Show were minor and easily overcome. There was some overlap in the schedule that disrupted the flow on Tuesday. Navigating the website on a mobile device was tricky. The registration booths were strategically placed in front of the vendor hall and panel room, seemingly to keep attendees out of those rooms before they opened. But drinks and snacks were also behind registration and not obviously available to attendees. The vendor area was heavily leaning to the insurance/financial investment/consultant/advisor variety with few exceptions. Seating in the vendor hall was limited, which made lunch on Wednesday tricky.

Nailed It!

Much of this two-day conference could be considered a home run. In fact, most of it was pretty fantastic.

The education was timely, relevant, professionally moderated, well-planned, and had a mix of representation from home care agencies, consultants, software solutions partners, and investors. One attendee said, “I learned more in that session that I did in three days at the last event.”

The networking events were varied enough to appeal to everyone. After registering, attendees had the option to play pickleball at the host hotel, enjoy the beautiful pool, or relax at the coffee shop. Tuesday evening, GlattHealth and other sponsors hosted a rooftop dinner with live music.

The vendor room kept all sponsors in the same size booth, requiring them to use their product and service to woo attendees rather than the cost of their setup. The layout allowed for movement through the hall, and lunch and cocktail hours were inside the hall, giving vendors more face-time with attendees.

Final Thoughts

As Care at Home events go, this one ranks near the top. The education is well-worth the trip. The opportunities to get concrete information from industry experts to launch your agency no matter the direction you’re taking makes this event stand apart. Whether you’re near Miami or have to travel, put The Home Care Show National on your calendar for 2027.

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Kristin Rowan is the owner and Editor-in-chief of The Rowan Report, the industry’s most trusted source for care at home news. She is also a sought-after speaker on Artificial Intelligence, Technology Adoption and Lone Worker Safety. She is available to speak at state and national conferences as well as software user-group meetings.

Kristin also runs Girard Marketing Group, a multi-faceted boutique marketing firm specializing in content creation, social media management, and event marketing. She works with care at home software providers to create dynamic content that increases conversions for direct e-mail, social media, and websites. Connect with Kristin directly at kristin@girardmarketinggroup.com or www.girardmarketinggroup.com

©2026 by The Rowan Report, Peoria, AZ. All rights reserved. This article originally appeared in The Rowan Report. One copy may be printed for personal use: further reproduction by permission only. editor@therowanreport.com

Are Nurses Independent Contractors?

by Kristin Rowan | Feb 26, 2026 | Admin, Caring for the Caregiver, Clinical, Legal

by Kristin Rowan, Editor

Are Nurses Independent Contractors?

Jury will decide intent

After investigation, the U.S. Department of Labor (DOL) sued Amazing Care Home Healthcare Services over misclassification of workers, recordkeeping violations, damages, and unpaid overtime. The court decided the workers were misclassified.

Classification as Employee

According to the decision, the workers were employees because the company had control over the work, set wages, required workers to report absences, and evaluated their performance. The DOL provides guidance on what constitutes an employee. Prior regulations use a “totality-of-the-circumstances” approach to classification, looking at the whole picture rather than a single determining factor. Other documents rely on an “economic reality” test that examines two core factors: the nature and degree of control a worker has over the work and the worker’s opportunity for profit or loss.

Summary Judgment

The DOL called for summary judgement, in which the judge would decide the case without a trial or jury due to “overwhelming” evidence. The judge partially agreed and granted summary judgement in favor of the DOL on worker classification, recordkeeping, and damages. The court declined summary judgement on the issue of overtime and intent. There is some question as to whether the workers were paid some overtime wages during the period in question and whether the misclassification was willful. These questions will be decided by a jury at trial.

Economic Reality

The totality framework to determine worker classification came into use during the Biden administration. The DOL has recently proposed a return to the economic reality framework from 2020. Two core and three additional factors comprise the economic reality test. These two core factors are the primary determinants:

The nature of and degree of a worker’s control over their work
- does the employer control scheduling, pay rates, and prices;
- does the employer supervise performance and discipline workers
Opportunity for profit or loss
- does the worker advertise services independently, negotiate contracts, decide when and where to work, have the ability to hire helpers to perform the work

These three additional factors are considered in classification analysis, but carry less weight than the two primary considerations:

The amount of skill required for the work
- does the worker use their own specialized skills rather than relying on the company for training

–and–

- does the worker use that skill to grow the business

The degree of permanence of the working relationship between company and worker
- is the work sporadic, as needed, or project-based

–and–

- is the company engaging in seasonal or temporary work or industry

Whether the work is part of an integrated unit of production
- can the business operate without the work performed

Clear Answer

Using the economic reality test, can we classify home health nurses as independent contractors or employees without question?

Employee

Agency sets pay rate for the nurse
Supervised performance
Clients belong to the agency
Nurses do not hire and pay helpers
Nurses do not automatically make more when the agency grows
The business cannot operate without nurses

Independent Contractor

An agency could allow the worker to set their own schedule
Nurses use their own skills, degrees, and certifications
Work could be created as project-based where 1 client=1 project for 30 days

Final Thoughts

Without very careful planning and disruption of practice, it is pretty clear that home health workers are not independent contractors, but are employees. There may be significant differences in the operation of non-medical supportive care at home, but pay rates are still determined by the agency, performance is supervised, clients belong to the agency, and the business cannot operate without healthcare workers. The DOL sued for unpaid overtime amounting to $5.9 million on behalf of both LPNs and Home Health Aides.

If you do now or plan to in the future engage any worker as an independent contractor, review all current FLSA and DOL requirements to ensure you are not misclassifying your workers.

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Enhabit Sells Out to PE

by Kristin Rowan | Feb 26, 2026 | M&A

by Kristin Rowan, Editor

Enhabit Sells Out to PE

Kinderhook proposes billion dollar deal

Enhabit Home Health & Hospice announced this week they agreed to be acquired by Private Equity company Kinderhook industries. Enhabit has 247 home health and 115 hospice locations across 34 states. Stockholders will receive $13.80 per share from the publicly traded company after the acquisition is final and the company will longer be listed on the stock exchange. The stock buyout is reportedly just shy of 25% more than the stock value as of the close of business on February 20th.

Enhabit History

Enhabit made headlines in 2025 and again earlier in February surrounding its lawsuit against Chris Walker, Vistria Group, and Nautic Partners. In 2024, Encompass and Enhabit sued the parties for breach of duty when the principles involved created VitalCaring while still serving as senior officers for Enhabit. Enhabit, the former home health and hospice division of Encompass Health, collected $43 million in attorneys’ fees and mitigation damages on February 12, 2026.

Enhabit’s registered mission is A Better Way to Care®. The company purpose is to provide high-quality, compassionate care to every patient. Their core values and fundamental beliefs guide their behaviors and actions.

Deciding to Sell Out

“Following a thorough evaluation and extensive deliberations in consultation with our independent advisors, we are pleased to reach this agreement with Kinderhook. The Board evaluated the current state of the business, its outlook and opportunities, and is confident this transaction maximizes value for our stockholders and is in their best interest.”

Jeffrey W. Bolton

Chairman of the Board of Directors, Enhabit

CEO Barb Jacobsmeyer said the agreement is a “terrific outcome” for stockholders, clinicians, caregivers, patients, and families, citing resources and expertise that will come from Kinderhook. Meanwhile, Chris Michalik, Managing Director at Kinderhook said the company admires Enhabit’s leadership, patient-centered culture, and strong market position.

Pending Approval

Enhabit’s Board of Directors unanimously approved the acquisition. However, the deal still awaits approval from stockholders and regulatory bodies. Enhabit has scheduled a special meeting of stockholders for the vote. In conjunction with the SEC filing, some Enhabit executive officers filed a customary voting and support agreement, meaning they have granted proxy voting rights to Kinderhook. It is almost certain the acquisition will be approved by both companies. Only the regulatory approval is unknown.

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BREAKING NEWS: Dr. Landers Steps Down

by Kristin Rowan | Feb 12, 2026 | Advocacy, Breaking News, Home Health, Hospice, Partner News

by Kristin Rowan, Editor

Dr. Landers Steps Down

National Association Announces Successor

Dr. Landers steps down from his role as CEO of the National Alliance for Care at Home (the Alliance). The Alliance published news of Dr. Landers’ resignation the morning of February 11, 2026. His successor will take the CEO role on February 17th and Dr. Landers will advise on the transition through May 10th.

Achievements

Dr. Landers’ tenure at the helm of the Association was short-lived, having served as CEO for just beyond the one year mark. He was the inaugural CEO of the Alliance, taking the role officially when the merger between NAHC and NHPCO was completed. In that time, Dr. Landers effectively led the merged associations, navigating the two organizations into a harmonious. team.

Building Strength

During his tenure, Dr. Landers built a structure on which the Alliance will grow. He spurred that growth with the addition of COO Sherl Brand and Chief Government Affairs Officer Scott Levy. And he build reinforced the foundation of the industry by forging relationships with the Partnership for Quality Home Healthcare and the Research Institute for Home Care.

Standing Strong

Under Dr. Landers, the Alliance, with the support of industry leaders, advocacy groups, and organizations, aggressively and successfully fought against what would have been a disastrous 9% pay rate adjustment from CMS. The Alliance remains at the forefront of advocacy efforts, including meeting with Dr. Oz to help combat Medicare and Medicaid fraud.

In His Own Words

“Advancing home care and hospice should be amongst the highest public policy priorities for our country. I am deeply grateful and proud to have served as the inaugural CEO of the National Alliance for Care at Home and am eager to see all the great work I know is to come in the next chapter. I extend my deepest gratitude and admiration to the Alliance staff, Board of Directors, and all the amazing members of our community I have had the privilege of working with.”

Dr. Steve Landers

Inaugural CEO, National Alliance for Care at Home

New Leader

On february 17 2026, Jennifer Sheets will take the role of CEO at the Alliance. Sheets has worn multiple healthcare hats including intensive care nurse, hospital system CEO, merger & acquisition executive in private equity, senior clinical operations at Bayada, and AI technology founder. According to her LinkedIn statement, Sheets will remain at her role as Founder and CEO of her AI software company “throughout this transition.”

We have reached out to the Alliance to schedule an interview with Sheets.

Jennifer Sheets, CEO, National Alliance for Care at Home

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MedPAC Finalizes Recommendation to CMS

by Kristin Rowan | Jan 30, 2026 | Advocacy, CMS, Home Health, Hospice, Medicare, Regulatory

by Kristin Rowan, Editor

MedPAC Recommends 7% Cut

Vote Finalized

In December, MedPAC published a proposed recommendation for calendar year 2027 that included a 7% cut to home health reimbursement rates and no increase for hospice. Last week, MedPAC voted to finalize that recommendation and send it to CMS.

Industry Objection

Both the proposal and final recommendation met with strong industry backlash.

“MedPAC’s dangerous and misguided recommendations to reduce the Medicare home health base payment rate by 7% for CY 2027 and eliminate the update to the 2026 Medicare base payment rate for hospice do not reflect both home health and hospice agencies’ operating realities as well as the cumulative impact of recent policy changes. For home health agencies, any cut – let alone one of such great magnitude – will threaten the ability to meet individuals’ healthcare needs. Yet again, the Commission is failing to understand the operating reality providers face and the potential patient harm that any further payment cuts pose.”

Dr. Steve Landers

CEO, National Alliance for Care at Home

Consistently Wrong

The MedPAC recommendation may not be built on solid data, use accurate calculations, consider Medicare Advantage and Medicaid rates along with Traditional Medicare FFS, consider the number of agencies that will go out of business, have any recommendations for maintaining nurse and caregiver hourly rates, or fairly distribute Medicare funds across disciplines, but, wait…where was I going with this? Oh, right! At least they’re consistent. MedPAC recommended a 7% decrease in Medicare payments for 2027, 2026, 2025, 2024, and 2023. They may be completely wrong, but they are dedicated to maintaining their wrongness.

Final Thoughts

Despite the years of 7% cut recommendations from MedPAC, the final numbers from CMS are rarely in line with those recommendations. We will, of course, know more when CMS publishes their proposal later this year. LeadingAge, National Association for Care at Home, individual and corporate HHAs and Hospices, and anyone else with a stake in the care at home industry, should contact their congressional representatives and CMS directly to voice concerns over these cuts.

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UnitedHealth Group Publicity Stunt

by Kristin Rowan | Jan 30, 2026 | CMS, Editorial, Medicaid, Medicare, Medicare Advantage, Regulatory

by Kristin Rowan, Editor

UnitedHealth Group Publicity Stunt

How to Distract the Public: 101

When customers and regulatory bodies start to complain about company practices, reputation management usually gets involved. An internal or external public relations, crisis communication, and/or reputation management specialist advises the company on how to overcome negative press.

Transparency & Action

When Dominos Pizza employees recorded a disturbing “hoax” video, the CEO went to the same medium (YouTube) to address the video, apologize, and reassure customers. This issue was handled so well that it is used as a teaching tool in PR classes.

In 1982, when a couple tampered with bottles of Tylenol in Chicago and seven people died, parent company Johnson & Johnson stopped advertising, recalled 31 million bottles across the country, switched to tamper-proof packaging, and personally communicated with 450,000 retailers.

Subterfuge, Smoke & Mirrors

Last week, when UnitedHealth Group, already under investigation for bribing nurses, wrongful death, and Medicare Advantage billing fraud, was called to testify before House committees about their record-high premiums, rising claims denials, and unneccessary waiting over prior approvals, UHG CEO prepared a written statement to read to the Energy & Commmerce Committee that included blaming hospital costs, pricing differences, frequency of testing, drug prices, and pharmaceutical advertising for higher premium rates; extolling the virtues of Medicare Advantage over Traditional Medicare, using incorrect and misleading information; and casually mentioning that they will “voluntarily eliminate and rebate our profits” for their ACA customers.

Gesture too Small to be Meaningful

The months long Congressional stand-off on healthcare premium subsidies continues. Affordable Care Act participants saw healthcare premiums jump over night when the subsidies expired. (Mine went up 400%).

In 2025, UnitedHealth recorded $12.1 billion in profit. But, that profit is spread out over nearly 3,000 wholly owned subsidiaries who take almost 30% of what UHG pays out in care costs. The company has increased its Medical Loss Ratio to 87% by hiring their own subsidiaries to engage in “quality improvement,” virtually eliminating ACA profit.

Of its 50 million subscribers, only about 1 million are ACA customers. Even if the company returns the ACA profits, it will return 1/50th of its profits and keep the rest. In their third quarter earnings call, UHG said it expected 2026 enrollment to be 1/3 of that in 2025. The 2026 outlook estimates an overall increase in profit to more than $14 billion, most of which will never find its way back to ACA participants.

The Truth Behind the Curtain

On January 27, 2026, just one week after the profit-sharing announcement, UnitedHealth Goup addressed shareholders in its Q4 and 2025 Earnings Call. During that call, newly appointed UnitedHealthcare CEO Tim Noel said:

“Nearly all of our employer Group and fully insured pricing align with continued increases in care activity for 2026. In the Individual ACA market, we repriced nearly all states in response to higher medical trends and the elevated needs of ACA beneficiaries in 2025…. These actions should expand operating earnings margins for UnitedHealthcare by 40 basis points, and are expected to result in membership contraction of 2.3 to 2.8 million.”

Tim Noel

CEO, UnitedHealthcare

Other statements during the call reinforced the company’s drive toward profit.

They are focusing attention in markets where they have “complimentary wrap-around services” already in place. Which means they have owned subsidiaries to shift money to instead of lowering premium rates. Additionally, they have “narrowed [their] affiliated network…with the goal of having a more optimal alignment of physicians….”

New Speak

Throughout the earnings call, company spokespeople used terms like repositioned, streamlined, aligned, membership contraction, and repriced. They carefully avoided saying that they dropped physician services outside those they owned, removed plans that paid out too much, consolidated businesses to increase profits, lost millions of members due to price increases and other plan problems, and raised prices across the board, even on plans that were already profitable.

Final Thoughts

UHG CEO Hemsley made a few statements to Congress I agree with. Drug prices are too high. Hospital and Ambulance prices are too high. Pharmaceutical companies advertise too much and use the cost to offset tax liability.

There were also some statements Hemsley almost got right.

He said small businesses should be allowed to join AHPs with fewer restrictions. There should be no restrictions on industry or geography.
He said HSA thresholds should be lowered for HDHPs. HSAs should be available to everyone, regardless of plan, deductible, payer, or whether they are on a group, individual, or ACA plan.
Hemsley thinks broker compensation should be standardized in the ACA market. If payers want broker compensation, standardized or not, ACA or Medicare Advantage, the compensation should come from the payer and not be included in premiums.
He wants consumers to have expanded access to catastrophic plans and to allow the use of premium tax credits. All plans and payers should be available to everyone, everywhere. Increasing competition in plans and players will drive down costs.

I applaud Congress for bringing the large payers in to discuss exhorbitant premium rates, but I’m still waiting on them to take action based on the information they received.

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VA Updates Community Cares Contracts

by Kristin Rowan | Jan 23, 2026 | Admin, CMS, Regulatory

by Kristin Rowan, Editor

VA Issues RFP

Updates to Community Care Contracts

Some Veterans receive care from VA providers. Non-VA providers can still provide care for Veterans through a Community Care contract with the U.S. Department of Veterans Affairs (VA). In late 2025, the VA released a Request for Proposal (RFP) for new CC contracts. The new contracts are designed to substantively change non-VA provider care to Veterans.

According to the VA, the new contracts are intended to:

Increase choice through an IDIQ model that allows multiple health plans to compete to serve Veterans
Raise quality of care by requiring plans to follow broad standards of care adopted by major health systems
Improve oversight and quality of care using better data, technology, and real-time management
Add flexibility so the VA can issue competitive task orders and remove underperforming contractors

How Does This Impact Care at Home?

The primary contractor, and therefore the ones responsible for bidding and ensuring quality of care are the health plans. So, how does this change impact home care and home health providers? Here’s how:

Fast changes in network participation along with sudden shifts will inevitably come as a result of plans competing and task orders changing
Plans will need to align with VA targets, so expect waves of onboarding, recurring pushes for credentialing, and increased local networking
Because the plans will be held to quality standards, you can expect that those standards will flow through provider documentation, timeliness, claims accuracy, and EVV and FWA compliance
IDIQ is specifically designed to allow changes in the middle of care, which means the VA and health plans can add or change rules or portal, and make revisions to edit sets during the contract

Get Ahead of the Changes

Plan to make some changes before these new Community Care contracts come to your local health plans. In order to comply with the contract requirements, your credentialing packets need to be updated to include up-to-date CAQH, insurance, licenses, and compliance. This will help minimize the lag-time before getting paid.

Anticipate Expectations

The health plans will be competing for contracts, so they will expect you to compete as well. Awarded contracts will likely be fulfilled by agencies who have a high clean claim rate and quick response to edits and denials. Whatever you are using for coding, documentation, and rules need to be validated before the new care contracts start. Complete documentation will comply with the VAs focus on better data and real-time management. Make sure your team is executing precise reports; centralize your records, documentation, and audits to prove performance records and decrease issue resolution time.

Final Thoughts

Non-VA providers who want to be considered to provide care to Veterans need to show alignment with the VA’s goals to expand choice, raise quality, and increase oversight. Planning ahead by meeting those standards early will make the transition process smoother one the new contracts roll out. We will continue to provide resources and information on these Community Care contracts as they are available.

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Home Care 100 Sneak Preview

by Kristin Rowan | Jan 23, 2026 | Advocacy, Artificial Intelligence, Events, Partner News, Regulatory

by Kristin Rowan, Editor

Home Care 100 Sneak Preview

An Interview with Jeanette Lynn

In a few days, care at home leaders, influencers, educators, and solutions providers are set to descend on Scottsdale, AZ for the 2026 winter edition of the Home Care 100 Leadership Conference. I had the opportunity to speak with Managing Director Jeanette Lynn about this year’s theme, some of the events, and her outlook for 2026.

Home Care 100 Theme

The Rowan Report:

Jeanette, thank you for taking some time to chat today. I know how busy the week before an event is. Can you tell our readers about some of the agenda highlights for Home Care 100?

Jeanette Lynn:

The theme is the data imperative. The future will rely on becoming a data-centric organization.

“We impact patients, partners, referral sources, payers, policy makers, and all stakeholders. We have to come to the table with the right data in the right way.”

Jeanette Lynn

Managing Director, Home Care 100

I’m very excited about the keynote address from a former employee of Pixar talking about storytelling. When we’re talking with policymakers, providers, payers, we have to tell a story and find the connection with the audience. There is also an opportunity to do a follow-up workshop with him.

State of the Industry

RR:

What is your industry outlook?

Jeanette

There is so much that is changing so fast. Look at the conversations around AI technology just in the last year or so. The technology is opening doors that didn’t previously exist. I’m reminded of what I recently heard from Judy Faulkner from EPIC. This is a company that has been ridiculed for some time for having closed systems, following regulations but sharing information as limited as possible; it has taken them awhile to be more patient and physician-friendly. A recent announcement said patients could now access all medical information in one MyChart system across the country.

This will shift interoperability – from patients to nurses to agencies. The demand to fix this is getting higher; we’ve been sitting on the excuse of not being able to influence reimbursement rates; but MA coming out and saying the rates are going to get lower requires that we increase efficiency and the data will help get you there.

One Answer is Interoperability

When you order food online, that company can tell you that Kathy picked up your food at 7:03 p.m., is riding a bicycle, has two stops before she gets to you, and show you the route she’s taking. We can certainly provide more information, more data, and better data for our patients.

We have to supplement existing Medicare product with other services, other approaches, that get the financial lever pulled a different way. The product is too defined, coded, and reimbursed; we need a bundled care product. It’s time everyone else sees that we have more data, information, and influence.

Home Care 100 Jeanette Lynn Interoperability

There are multiple opportunities and pathways. Our goal is to guide our members toward the ones that will work for each organization.

The Year Ahead

RR:

You’ve been at the helm long enough now that you’ve had a chance to get your feet wet. What have been your observations and what does that mean for Home Care 100 and Lincoln Healthcare Leadership for 2026?

Jeanette:

My biggest observations at Home Care 100 and Lincoln Healthcare Leadership: HC100 is a group of diverse leaders who can drive and influence change; there will be continued consolidation and the big players influence everyone else.

For me, the biggest win is after the conference hearing that one of our members initiated a new program, new deal, new partnership. We want that on steroids. We want to exponentially expand those wins.

The Intelligence group pairs advisors with intelligence group members to figure out how to put into action what you learned at the conference. We align experts to supercharge members. So we’ve relaunched the Intelligence Group as an offering year-round.

The subsets of members in the intelligence group are doing smaller in-person meetings covering particular topics. We’re looking for more organizations joining the group and expanding those events, not hosting more HC 100 events.

Final Thoughts

Speaking with Jeanette, it was so easy to see her passion and excitement for the industry, for the upcoming event, and for the members who benefit from the event. I am looking forward to the sessions she mentioned, seeing old friends and making new ones, and, of course, a little dancing and revelry after the hard work is done.

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Overtime Law Changes: An Interview with Angelo Spinola

by Kristin Rowan | Jan 23, 2026 | Admin, Legal

by Kristin Rowan, Editor

Overtime Law Changes

An Interview with Angelo Spinola

Recent Department of Labor (DOL) changes to the overtime law appear to be at odds with a court ruling. Last week, The Rowan Report reported on Pennsylvania’s 3rd circuit court decision allowing the DOL to interpret meaning and create the rule that 3rd party employers cannot use the exemption to overtime rule. They must pay overtime according to the Fair Labor Standards Act (FLSA). The decision is in direct opposition to the DOLs intent to revert back to allowing the exemption and to its statement that it will no longer uphold the rule. The Rowan Report reached out to care at home attorney Angelo Spinola to get his take on the Pennsylvania court’s decision and how it impacts care at home.

Prior Statements

Angelo was a presenter at last year’s National Alliance for Care at Home (The Alliance) annual meeting, during which he discussed the DOL proposal to change the FLSA. In his remarks, Spinola emphasized that the exemption change is huge for home care. He also provided some specific examples showing how the change will benefit caregivers.

From the DOL

Overtime law changes, according to the DOL, will:

Reduce labor costs
Provide greater scheduling flexibility
Expand access to home care services
Reduce overhead for agencies

In Practice

Angelo added additional context from a real-world perspective.

First, you can still pay overtime. Payroll policies of any agency with an overtime program in place will supercede the DOL rule. However, those policies need to be written and part of your contractual agreement with the caregiver.

Secondly, some states have their own overtime laws, which also override the FLSA. Not every state will be impacted by the change.

Additionally, removing the overtime requirement brings back day rates instead of hourly pay, which can be beneficial for caregivers and patients. This reinstatement also impacts bonus payments. Currently, gift cards, bonuses, on-call premiums, and similar incentives are incorporated into rates for overtime. Without the exemption, agencies can bring back bonuses designed to encourage longevity, productivity, or other behaviors, and those incentives will not be subject to overtime rules.

The practical reality is, with overtime rules in place, many agencies will not allow caregivers to work more than 40 hours. Thus, patients end up with more unique caregivers, which leads to less continuity of care. The other consequence is that caregivers seek to make up those hours at other agencies or by taking on another part time job. Without the exemption, caregivers can work more hours, the patient gets fewer unique caregivers and benefits from improved continuity of care. Scheduling is less complicated without having to consider the part-time job.

In His Own Words

With the DOL proposal still undecided and its potential conflict with the recent Pennsylvania court decision, we sat down with Angelo to get his take on the decisions and the impact both would have on home care.

The Rowan Report:

Angelo, thank you for joining us today. I appreciate you taking the time to talk about the overtime rules. With the DOL no longer enforcing the rule as it stands and the Pennsylvania court case upholding it, we want to make sure we are relaying the right information and that our readers are following the right recommendations.

Angelo:

It definitely seems like it’s two different views on the same issue, and I think we will see that for a while, until and unless the Department of Labor actually issues new regulations and interpretations. They have alluded that they are going to do that, maybe by simply not enforcing the rule. Still, at the end of the day, it is the current rule, there is the requirement to pay overtime.

RR:

Can you speak to the PA decision, then, as it relates to that?

RR:

Can you speak to the PA decision, then, as it relates to that?

RR:

Does this case have any impact, then, on the DOL reverting back to pre-2013 when 3rd party agencies could take the exemption?

wAngelo:

If this court is taking the position that the DOL can decide, then that should not impact the DOL’s next subsequent decision to decide again that third parties can use the exemption.

Remember, this is just a Court of Appeals decision, and the court itself says that it is not precedential. What I wonder is, what happens now if the Department of Labor in the future decides that they no longer think that agencies should use these exemptions? Does this pave the way for that kind of future action? Prior to this case, the Chevron deference probably would apply, because the authority all points to the ability for third parties to be able to use the exemption.

When you look at when the exemptions were applied to the FLSA, there was no limitation of who could use them. The limitation was about what kind of work the employee performed, who they performed it for. If it was assistance with ADLs and IADLs in a personal home, then you could rely on the exemptions.

Then came the efforts to limit those exemptions over several years, via Congress and a Supreme Court challenge. In the Koch decision, in the early 2000s, the Supreme Court said, “Third-party employers can rely on the exemption, because there is nothing in the language that suggests they cannot.”

In response, the DOL took it in their own hands and changed it, before there was a limitation from the Chevron deference. Now they want to change it back. I think that is where the weight of authority is, so I think they will be able to survive any deference challenge.

I think this case actually supports that argument: “We get to decide what we want to do. Look at what Pennsylvania said.” Nevertheless, I still believe it’s going to be a challenge for the DOL to flip it back again. They will have to go through all that history of what Congress had said, and what the Supreme Court said. Still, this decision certainly helps any future administration, should they choose to flip things back to the way they sit today. All this assumes that the DOL does, in fact, change it, which I think they will.

Overtime Law Changes divides care at home industry

A House Divided

RR:

There is a portion of the home care industry that wants the exemption to stay as it is, and another that says, no, it needs to go back to the way it was. I wonder if that is in any way going to impact whether or not the Department of Labor in this administration moves forward, or maybe pauses on changing that language.

Angelo:

I think there’s a growing understanding of what the reinstatement of the exemptions would mean. There is a narrative that it must mean that caregivers will lose their right to overtime pay, and will therefore be compensated unfairly, meaning less. Agencies are coming around to understanding that isn’t going to happen, because the market will not allow it to happen. This explains why caregiver rates have increased in recent years. They will go work somewhere else if you don’t compensate them fairly. So, the nature of the compensation is likely to change. It may look more like bonuses, or incentives, or things that you would do for exempt employees.

RR:

I want to make sure I am presenting this correctly here. When this changes, will it open up some possibilities in home care? If a family is paying for 10 or 12 hours per day, paying for overtime makes a huge difference and they would likely opt for fewer hours or a second caregiver. But, with the exemption, you have fewer caregivers on one case, better continuity of care, and possibly more care hours.

Angelo:

That is exactly right. What agencies do now is they often limit the caregiver to 40 hours, and then that caregiver has to go find a job at a second agency if they want to work 70 or 80 hours. In that scenario, caregivers bounce around multiple clients, who have to utilize multiple caregivers, especially if they require a lot of hours. A lot of those clients have memory issues and a vulnerable immune system. On top of mental confusion issues, the more exposure you have to different people, the more unique bacteria and germs come into the house, the more at risk you are.

You can see how much better it is, on several levels, for a caregiver to work many hours with one client. That is usually the client’s preference anyway.

RR:

You said you think it’s pretty certain at this point that the Department of Labor is going to change that ruling back to the 1974 version. Do you anticipate lawsuits against that change?

Angelo:

I think we’re probably going to. It’s such a big deal, I would expect to see something. I would think that the advocacy groups and the unions are already likely prepared for that. When the change in 2013 was announced, the industry rallied, and we were prepared to file. So, it would not shock me in any way, if that same response returned.

RR:

I appreciate your time and helping all of the industry understand these sometimes very confusing changes in labor laws. I anticipate that once the Department of Labor makes their final decision, we’ll be back in touch to talk again about what it means, when it will be enforced, and what any pending lawsuits will have to say about it. We’ll keep everybody abreast of what these changes are going to mean for the industry.

Angelo:

Yeah, this will be one to track for sure. We are going be tracking this for the next 12 months at least.

RR:

I think for the industry and for the agencies that we talk to, the most important thing is following the law as it stands, regardless of what it is. What do they need to follow right now? What is the date on which they need to change what they’re doing, and whether or not a rule change gets overturned in another court case. They want to be in compliance, and we want to ensure what we report helps our readers to do just that.

Today, the overtime rule is in effect and agencies are required to pay overtime. That will continue to be true until the Department of Labor actually implements this change they’re talking about, regardless of what anybody else is saying.

Angelo:

That’s right. The only thing that really has changed right now is that the Department of Labor themselves are not enforcing the 2013 rule per the field assistance bulletin that went out, but that has no impact on private litigation.

RR:

Thank you so much. I really appreciate you taking the time to talk, and I’m sure I’ll see you next week.

Angelo:

Absolutely, I’ll see you at Home Care 100.

# # #

With two decades of legal experience, Angelo Spinola’s practice focuses on employment litigation with a special interest in the home health, home care and hospice industry. Bringing a wide breadth of knowledge across the health care spectrum, he works with an array of home-based care clients, including Fortune 500 organizations and franchisors, small businesses, and franchisees across multiple industries. Additionally, Angelo works closely with private equity firms and investment groups with respect to labor and employment issues that may arise during acquisitions and activities in these sectors.

LeadingAge and Alliance Join Dr. Oz

by Kristin Rowan | Jan 15, 2026 | CMS, Medicaid, Medicare, Medicare Advantage, Regulatory

LeadingAge and Alliance Join Dr. Oz

CMS hosts listening session in LA

On January 9, 2026, CMS Administrator Dr. Mehmet Oz hosted a listening session in Los Angeles to discuss fraud, waste, and abuse in home health and hospice. Dr. Oz was joined by CMS Director of the Center for Program Integrity Kim Brandt and Director of the Center for Medicare Chris Klomp.

Statement to Dr. Oz

Representatives from both LeadingAge and the National Alliance for Care at Home attended the session. As part of their ongoing collaboration and participation in combatting fraud, waste, and abuse, the two organizations sent a joint letter to Dr. Oz regarding recommendations to strengthen program integrity.

“We strongly support CMS’s ongoing efforts to strengthen program integrity and believe that fraud, waste, and abuse can be effectively prevented and addressed while reducing burden on legitimate providers furnishing critical services in the home. As CMS continues to refine its oversight strategies, we encourage the agency to adopt measures that are analytically rigorous, operationally feasible, and take a targeted risk-based approach, consistent with CMS’s statutory authorities.”

LeadingAge and the Alliance

CMS Fraud Prevention

CMS has identified areas of waste fraud and abuse they are actively working to combat. In 2025, CMS imposed nearly 500 payment suspension, stopping nearly $5 billion in payments. CMS identified $2.3 billion in overpayments and implemented automated edits to guard against improper payment. They also revoked Medicare billing from 4,780 providers and denied almost 112,000 claims for unnecessary services.

The Alliance

Members of National Alliance for Care at Home (The Alliance) attended the listening session with Dr. OZ, stating that program integrity is a key priority for the organization. The alliance continues to work closely with lawmakers and regulators to ensure providers are putting patients’ needs first without unnecessary or fraudulent claims.

“The Alliance appreciates the opportunity to continue our dialogue with CMS about ensuring program integrity across these essential home-based services. We share the administration’s goal of eliminating fraud, waste, and abuse in home health and hospice care, and will continue to partner with the agency as it pursues solutions that reduce the burden on legitimate providers and protect patient access to care at home.”

Dr. Steve Landers

President, The Alliance

LeadingAge

Members from LeadingAge also attended the listening session stating that fraud in any care setting is concerning and preventable. The organization continues to work with CMS to address fraud and strengthen regulatory safeguards.

“We thank CMS for initiating this productive meeting, and for the input from Administrator Oz, Deputy Administrator and Chief Operating Officer Kim Brandt, and Deputy Administrator and Director of Medicare Chris Klomp. We look forward to continuing collaboration on this important issue.”

Katie Smith Sloan

President and CEO, LeadingAge

Interview with LeadingAge

The Rowan Report reached out to LeadingAge for a comment on the listening session with CMS. We are scheduled to speak with Mollie Gurian, VP of Policy and Government Affairs, this afternoon. We will update this article with that information immediately following the interview.

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Gesture too Small to be Meaningful

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New Speak

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There were also some statements Hemsley almost got right.

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According to the VA, the new contracts are intended to:

How Does This Impact Care at Home?

Get Ahead of the Changes

Anticipate Expectations

Final Thoughts

Home Care 100 Sneak Preview

An Interview with Jeanette Lynn

Home Care 100 Theme

The Rowan Report:

Jeanette Lynn:

Other Key Topics and Sessions

State of the Industry

RR:

Jeanette

One Answer is Interoperability

The Year Ahead

RR:

Jeanette:

Final Thoughts

Overtime Law Changes

An Interview with Angelo Spinola

Prior Statements

From the DOL

In Practice

In His Own Words

The Rowan Report:

Angelo:

RR:

RR:

RR:

wAngelo:

A House Divided

RR:

Angelo:

RR:

Angelo:

RR: