The DOL released the much anticipated final Overtime rule on May 18, 2016, with an effective date of December 1, 2016. Along with the rule, DOL announced a non-enforcement policy for providers of Medicaid-funded services for individuals with intellectual and/or developmental disabilities in residential homes and facilities with 15 or fewer beds. The full policy will be published in the Federal Register on May 23, 2016.
The non-enforcement policy will be in effect from December 1, 2016 (when the final rule goes into effect,) until March, 2019. This non-enforcement timeframe is intended to align with the implementation timeline of the Home and Community Based Settings final rule. This will allow Medicaid Home and Community Based Services providers who qualify to prepare for the implementation.
The Arc staff is in the midst of analyzing the rule and the non-enforcement policy more closely. The Arc staff anticipates, based on its review and the thoughtful questions received from chapters, seeking some further clarification from DOL in the very near future.
DOL has also released several documents for non-profits includingguidance and a shorter fact sheet. Additional resources can be found on DOL’swebsite. DOL will also be hosting several webinars to provide additional information: register here.