New DSHS policy on overpayments to Home Care workers

DSHS revised its policy on recovering overpayments to individual Home Care Workers, including individual providers through the Washington Individual and Family Services program. The new policy, issued July 11, 2016, is effective retroactively to payments made since October 13, 2015.  (HCS Management Bulletin Policy No.: H16-060).  Due to new federal rules regarding payment to Home Care workers, DSHS cannot assess, enforce or recover overpayments against individual providers for work that was authorized and performed.  If you are a home care worker that worked and submitted hours for work performed from October 15, 2015 onward, you must be paid for the hours worked, and DSHS cannot try to get that payment back from you, even if:

• Your contract expired;
• You have a disqualifying background check;
• Your training and certification are not current;
• You have other contractual issues.

The new policy is based on changes to federal regulations regarding Home Care workers under the Fair Labor Standards Act (FLSA).  The new FLSA regulations apply minimum wage requirements apply to home care workers.  The effect of the new federal rule (29 CFR Part 552) is that more domestic service and home care workers will receive the protection of FLSA minimum wage and overtime protections, including those workers previously referred to as “domestic service” employees and those who provide “companionship services” to the elderly or people with illnesses.  These FLSA regulations went into effect on January 1, 2015.The Washington Department of Social and Health Services (DSHS) is revising its systems in order to prevent unauthorized work and potential overpayments by Home Care workers who do not have current certification or training, so it is important going forward that all Home Care workers keep certifications current to comply with the new systems in place.If you do receive a Notice of Vendor Overpayment, check the dates listed as overpayments and immediately file an appeal if it involves any dates in 2015 that you worked, even if the dates are prior to October 13, 2015, as an argument could be made that the FLSA regulations apply to any payments from January 1, 2015 onward.  Your rights to dispute an overpayment, the deadline for filing your dispute, and the process for disputing allegations of overpayment are listed on the Notice.