';
Article reprinted with permission from OPEN MINDS. To sign up for a free OPEN MINDS news feed on https://www.openminds.com/market-intelligence/, go to https://www.openminds.com/membership/.
November 18, 2024 | Monica E. Oss
Recently, the Centers for Medicare & Medicaid Services (CMS) approved New Hampshire’s Medicaid state plan amendment for community-based mobile crisis intervention teams to provide services for people experiencing a mental health or substance use disorder crisis (see CMS Approves New Hampshire’s Request to Provide Essential Behavioral Health Services Through Mobile Crisis Intervention Teams). The agency also approved a similar crisis program in Maryland (see State Plan Amendment (SPA) #: 24-0021). In January, Alabama also commenced a CMS-funded crisis mobile service (see Alabama Adds Medicaid Mobile Crisis Services) [read full article].
A Texas federal judge has struck down a US Department of Labor rule that would have expanded overtime eligibility to four million new workers. The new rule, which began July 1, was issued under the Biden administration and tweaked the test used to determine whether a worker should be subject to an exemption to overtime pay requirements.
Judge Sean D. Jordan of the US District Court for the Eastern District of Texas granted summary judgment against the rule Friday, finding that it went beyond the agency’s authority and exceeded its statutory jurisdiction.
The decision is a win for the State of Texas and a coalition of business groups who sued over the rule, arguing that the policy would drastically increase payroll costs for employers, resulting in fewer jobs and fewer shifts for workers. This order now applies nationwide.
Under the Fair Labor Standards Act, certain “white-collar” workers can be exempt from overtime pay requirements if they are salaried, make more than a certain amount each year, and work in a “bona fide executive, administrative, or professional capacity.”
The new Biden rule updated the salary portion of the test so that workers making less than $58,656 a year would be automatically eligible for overtime pay any time they worked more than 40 hours a week. It also would update that salary threshold every three years.
The DOL said the rule was necessary to ensure the lowest earning workers were being properly paid for their time.
Ultimately, the court found that the overtime rule set the salary piece of the test so high it made other pieces of the analysis irrelevant, like the consideration of a worker’s job duties. That same legal argument was used by Eastern District of Texas to sink an Obama-era DOL rule in 2017, that similarly sought to expand overtime pay eligibility to more workers.
The court ruling landed just weeks before the second and largest phase of the rule was due to take effect on Jan. 1.
The first phase of the rule, which went into effect July 1, increased the salary threshold for overtime eligibility to $43,888 from its current $35,568. That number was then scheduled to go all the way up to $58,656 in the new year.
RCPA will continue to apprise members of any updates related to the FLSA overtime regulation as more details emerge, including potential retroactivity as well as responses from the Federal Department of Labor and State entities.
From Penn State College of Medicine and ASERT
Dear Valued Participant:
You are receiving this communication because you or your group have been identified as someone who works in a health care setting, and we hope you will participate in and disseminate this survey. We are a combined research group representing a relationship between the Penn State College of Medicine and ASERT (Autism Services, Education, Resources, and Training). Through this survey, we hope to gain insight into the feasibility of developing a training/autism friendly certification program for medical staff and health care providers. The program would indicate to patients that staff within the health care setting are knowledgeable and supportive of people with autism. Your feedback is invaluable to us, and all responses will be kept confidential. Should you have any questions, please feel free to reach out. The survey should take approximately 5–10 minutes to complete. The deadline to complete the survey is January 10, 2025. View the flyer for more details. To take the survey, please use this link.
For your next business meeting/event in the Harrisburg area, consider using RCPA’s facility, located at 777 East Park Drive, Harrisburg, PA. Close to downtown, local hotels, and restaurants, making it a convenient location for your organization’s needs. View flyer for details and pricing.
Congratulations to our very own Richard S. Edley, PhD, President and CEO of the Rehabilitation and Community Providers Association (RCPA). Richard is among an exclusive list of difference-makers named by City & State for their work in politics, policy, and beyond. Congratulations to Richard! Check out his profile here.