South Michigan News

Washington, D.C. - Reps. Tim Walberg (MI-05), Larry Bucshon (IN-08), and Adrian Smith (NE-03) have introduced the Ensuring Access to Affordable and Quality Home Care for Seniors and People with Disabilities Act. The legislation aims to reverse an Obama-era Department of Labor rule and ensure that seniors and individuals with disabilities have access to affordable companion care.

The legislation seeks to 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. This exemption had been in place since 1974 and had helped seniors and individuals with disabilities maintain access to affordable companion care.

Rep. Walberg highlighted the need for affordable companion care as the population of seniors and individuals with disabilities continues to grow. He stated, "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."

Dr. Bucshon emphasized the importance of striking a balance between affordability for families and fair treatment for independent caregivers. He said, "The Ensuring Access to Affordable and Quality Home Care for Seniors and People with Disabilities Act limits federal regulation and restores the prior exemption standard."

Rep. Adrian Smith noted that the legislation would eliminate the "Obama-era red tape" that has complicated access to in-home care and contributed to a caregiver shortage. He expressed his gratitude to Reps. Walberg and Bucshon for their commitment to empowering Americans with the flexibility necessary to meet their families' home care needs.

Lori Dahan, President of the Private Care Association (PCA), expressed gratitude to Rep. Walberg for reintroducing the bill. Dahan stated, "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."

The legislation has gained support from various stakeholders, including the PCA. Dahan highlighted the importance of removing regulatory restrictions that force caregivers to work short engagements with multiple families. She applauded Rep. Walberg for reintroducing the bill to address this issue.

The Obama-era Department of Labor rule, titled "Application of the Fair Labor Standards Act to Domestic Service," revised the minimum wage and overtime exemption for companion and live-in domestic workers under the Fair Labor Standards Act. This rule required families to pay FLSA wages and overtime to caregivers, making companion care more expensive for families. Additionally, the rule forced many workers to divide their hours among multiple families.

With the introduction of the Ensuring Access to Affordable and Quality Home Care for Seniors and People with Disabilities Act, Reps. Walberg, Bucshon, and Smith are working towards ensuring that seniors and individuals with disabilities have access to affordable companion care without burdening families with excessive costs. The legislation aims to empower independent caregivers and address the caregiver shortage by allowing them to determine their own work relationships with families, free from government regulations.

For more information on Rep. Walberg's work in Congress and his efforts to ensure access to affordable companion care, visit walberg.house.gov.