Federal judge strikes down anti-union payment rule for home health workers

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, Federal judge strikes down anti-union payment rule for home health workers

A federal decide in California on Tuesday overturned a federal rule that prohibited house well being staff from utilizing Medicaid funds to pay for his or her union dues.

The ultimate HHS rule has been in impact since 2019 and overturned a 2014 rule particularly permitting Medicaid funds to be diverted from suppliers to 3rd events for bills like union dues.

“There isn’t a clear prohibition on these payroll practices within the Medicaid statute. At a minimal, the statute is ambiguous relating to their permissibility,” San Francisco-based U.S. District Choose Vince Chhabria stated within the ruling. “The one cheap interpretation of the statute is that it doesn’t bar the payroll practices.”

Chhabria stated CMS’ “interpretation seems opposite to the general function of the Medicaid statute.” States’ payroll practices enhance “situations for house care staff, which in flip improves the standard of care these staff present to Medicaid sufferers themselves,” he stated. “It’s unclear how barring the payroll practices would serve the needs of the Medicaid program.”

The decide denied CMS’ movement to dismiss the lawsuit and issued a abstract judgment in opposition to the rule. The company had but to take motion in opposition to any states for violating the 2019 rule.

CMS stated it doesn’t touch upon courtroom circumstances.

California Legal professional Common Xavier Becerra, who led the multistate lawsuit difficult the ruling, stated the rule “would have unlawfully created boundaries for states to deduct worker advantages and union dues from staff’ paychecks, a observe which makes it simpler for staff to face up collectively for his or her office rights and to supply high quality home- and community-based care to these in want.”

“This ruling is a victory for our state and for the collective bargaining rights of homecare staff who play a significant function in our healthcare system,” Becerra stated in a press release.


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