On Nov. 7, 2023, ADvancing States submitted comments to the U.S. Department of Labor on the Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales, and Computer Employees Notice of Proposed Rulemaking. The proposed rule would restore and extend overtime protections to low-paid salaried workers and would more clearly identify workers who are not exempt executive, administrative or professional (EAP) employees.
ADvancing States supports policies that aim to ensure direct care workers and other provider agency staff are fairly compensated for their contributions to the provision of services to Medicaid HCBS recipients. However, we express concern about the potential unintended consequences for the Medicaid HCBS delivery system. We recommend DOL take measures to mitigate unintended consequences through strategies including collaborating with U.S. Health & Human Services agencies, extending the implementation timeframe for Medicaid HCBS providers, and aligning the effective date and ongoing updates with state legislative cycles.