Polsinelli

With two decades of legal experience, Angelo's practice focuses on employment litigation with a special interest in the home health, home care and hospice industry.

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Website

https://www.polsinelli.com/angelo-spinola

Services

Assist

  • Assist private equity firms and expanding franchisors and home health, home care and hospice companies perform legal and regulatory diligence on target transactions for agencies located in Arkansas, Arizona, California, Connecticut, Florida, Georgia, Illinois, Indiana, Louisiana, Kentucky, Massachusetts, Michigan, Missouri, Nebraska, New Hampshire, New Jersey, New York, Pennsylvania, Rhode Island, Texas, Washington, and Vermont.
  • Assist in the creation of the Home Support agency regulations for Washington D.C. and secure first license under the new regulations.
  • Assist Virtual Marketplace companies operate in a compliant manner.
  • Assist with brokering introductions for joint venture opportunities and potential transactions between buyers and sellers of home-based care providers.

Consult

  • Advise independent home care agencies as well as both franchisors and franchisees on day-to-day employment-related matters.
  • Consult with franchisors across all industries on joint employment and successor liability issues.

Defend

  • Defense of numerous wage hour class action lawsuits filed against hospitals, long-term care facilities, and home-based care providers across the country.
  • Defend Pay Per Visit and Salary Plus pay methods in class action lawsuits in Courts across the country. 
  • Challenge the DOL’s Home Care Rule in federal court in 2015 on behalf of the National Association for Home Care and Hospice, Home Care Association of America and the Private Care Association.
  • Mount fresh challenge to Home Care Rule following new Supreme Court decisions interpreting the Fair Labor Standard Act.

Organize

  • Organize coalition to mount a legal challenge to California’s AB2455 (requiring caregivers to register so that vendors can contact them).
  • Organize home care coalition to challenge California’s AB51 (seeking to invalidate arbitration agreements with class action waivers).
  • Organize coalition of hundreds of New York-based home care providers to successfully appeal and challenge Andreyeva-related rulings concerning the compensation requirements for live-in and extended shift caregivers.
  • Organize home care coalition to work with state and local legislatures to exempt home‐based care providers from predictive scheduling laws requiring a premium be paid to workers whose schedule changes.
  • Organize coalition to allow homemaker companion agencies in Connecticut to advertise and provide medication reminders to clients with cognitive decline.
  • Organize and participate in coalition of Industry leaders to draft Recommended Operational Protocols for use by the Industry in fighting the COVID‐19 Pandemic and guide other Industry initiatives.

Request

  • Successfully requested an opinion letter from the Wage and Hour Division of the US DOL regarding pay methods for live-in caregivers.
  • Successfully request an opinion letter from the Wage and Hour Division of the US DOL regarding reimbursing mileage at rates less than the IRS standard rate.

Audit

  • Perform agency audits and compliance reviews for employment, labor, benefits, health/safety and regulatory issues requiring deep Industry knowledge and understanding.
  • Represent multiple home care and franchise support vendors in areas of software, EMR, coding, time and attendance, regulatory consulting, recruitment and retention, background screening and other areas.