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Authors Posts by Tim Sohosky

Tim Sohosky

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0 3693

The U.S. Department of Labor (DOL) has announced it is withdrawing its previously proposed rule that would have phased out the issuance of subminimum wage certificates authorized under Section 14(c) of the Fair Labor Standards Act (FLSA). The proposed rule, initially published in December 2024, aimed to amend 29 CFR Part 525 to phase out the use of special wage certificates for workers with disabilities.

This withdrawal means Section 14(c) certificates remain in effect, and DOL will continue to issue and renew them as authorized by federal law.

Rationale for Withdrawal:

After receiving more than 17,000 comments — including strong opposition from Members of Congress, service providers, individuals with disabilities, and their families — the DOL determined:

  • It lacks clear statutory authority to unilaterally eliminate a program that Congress has explicitly mandated.
  • Section 14(c) uses the word “shall”, not “may,” indicating a mandatory duty for the Department to provide for the issuance of certificates “to the extent necessary to prevent curtailment of employment opportunities.”
  • The continued use of 14(c) certificates by over 40,000 workers as of 2024 indicates ongoing need.
  • Eliminating the program without Congressional action could result in unintended disruptions to employment and disability support services.

Impact on Providers:

  • Employers currently operating under valid 14(c) certificates may continue to do so, subject to existing legal requirements.
  • The DOL has no immediate plans to change the regulatory framework of 29 CFR Part 525.
  • A future rulemaking process could still be initiated, but any substantive changes would likely require Congressional action.

The full text of the rescission can be found here.

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This issue of the Positive Approaches Journal, “The Intersection of Mental and Physical Health Impacting Our Communities: Part 2,” continues the theme of the previous issue in exploring and emphasizing the importance of the balanced pursuit of physical and mental wellbeing. Topics include behavior as communication, pica and lead exposure, positive interactions, and more.

This issue of Positive Approaches Journal is available to view in digital form online or download at MyODP’s website.

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The Office of Developmental Programs (ODP) has shared ODP Health Alert, Choking: A Medical Emergency. This alert discusses the different causes of choking and provides information on how to prevent choking from occurring. Please review the document for additional information and details.

IMPORTANT: All caregivers should follow First Aid/Cardiopulmonary Resuscitation (CPR) training instructions for an individual who is choking. The Office of Developmental Programs (ODP) intends to emphasize the importance of calling 911 at the appropriate time and not delaying the call by seeking supervisory approval.

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The Department of Labor (DOL) just announced its intent to publish a Notice of Proposed Rulemaking (NPRM) that would exempt certain types of home health workers from minimum wage and overtime requirements under the Fair Labor Standards Act (FLSA). In its reasoning, DOL said that the existing regulation “might discourage essential companionship services by making these services more expensive” and is proposing to exempt those employees from the minimum wage and overtime requirements of the FLSA. The proposed rule would also allow third party employers to claim those exemptions.

DOL will be accepting comments on their NPRM up to sixty days following its publication in the Federal Register, which is currently scheduled for July 2, 2025.

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The Office of Developmental Programs (ODP) has released ODPANN 25-065: Medication Administration My Agency Report, Updated Materials, and July-September Train-the-Trainer Face-to-Face Schedule. The purpose of this announcement is:

  • To announce that the “My Agency” report is available to Agency Administrators and Primary Contacts in the “Reports” tab;
  • To announce that materials have been updated on the Trainer Resources page and a New Provider tab has been added; and
  • To announce the Face-to-Face schedule for July – September 2025.

Please review the announcement for additional information and details.

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The Office of Developmental Programs (ODP) has announced the start of Temple’s Quality Review Process (QRP). The purpose of this announcement is:

  • To announce the renaming of Temple University’s Reviews to Quality Investigation Reviews (QIR);
  • To introduce the launch of the new 2025 – 2026 QRP conducted by Temple University’s Quality Investigations Unit (QIU), formerly known as Temple University’s Peer Review (PR) Unit;
  • To share the creation of an electronic form to obtain updated contact information for ODP-affiliated organizations;
  • To notify provider agencies that the QRP will include the tracking of certification/recertification dates to ensure CI certifications were current at the time of investigation assignment; and
  • To provide instructions on how to submit a Quality Review Request (QRR) form to Temple’s QIU.

Contacting QIU

If you have any questions regarding the 2025 – 2026 QRP and how to submit QRRs, please submit them electronically.

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The Office of Developmental Program’s (ODP) Room and Board Bulletin was published March 17, 2025, with training that followed for Residential Habilitation, Life Sharing Providers, related professionals, and individuals and families.

These trainings can be found at:

ODP has been collecting FAQs from all stakeholders and developing further guidance to the field. This is the first version of questions and answers. ODP will continue to develop future FAQs as needed.

Read ODP Announcement 25-063 for more details.

CONTACT:

Questions about this communication should be directed to the appropriate ODP Regional Office.

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