HI HCR114

Requests the Director of Health to establish a Fair Labor Home Care Services Task Force to examine the impact of the 2013 federal regulation extending minimum wage and overtime pay protections to home care workers under the Fair Labor Standards Act.

Task force must examine whether the federal law applies to shared living arrangements in Hawaii including adult foster care and community care homes, and determine employment relationships and worker classification as employee versus independent contractor.

Task force must review the application of federal labor standards to innovative shared living programs, Medicaid-funded home care programs, and developmental disabilities and mental retardation waiver services under Social Security Act section 1915(c).

Task force composition includes the Director of Health (chair), Director of Human Services, and Director of Commerce and Consumer Affairs, plus invited representatives from health insurance plans, Healthcare Association of Hawaii, and community care home organizations.

Task force must submit findings and recommendations to the Legislature no later than twenty days before the Regular Session of 2017.