More than 1,500 citizens have submitted comments to the Department of Labor in support of a proposed rule aimed at expanding affordable and accessible in-home care for seniors. The initiative was led by Independent Women, which organized a regulatory comment drive titled “Support Aging in Place: Expand Access to In-Home Care.” The public comment period for the rule closed on September 2.
Independent Women accounted for a significant share of total comments received during the period. The group began mobilizing its members on July 15, encouraging them to submit personal stories highlighting challenges with elder care and to advocate for rescinding changes made in 2013 to the companionship exemption under federal labor law.
“This is what citizen engagement looks like,” said Heather Madden, policy staff director at Independent Women. “This activation demonstrates that Americans want to make their voices heard and to shape meaningful policies that truly work for their families and loved ones.”
According to data cited by the organization, most Americans prefer to remain in their homes as they age rather than move into senior living facilities. Specifically, surveys indicate that 88% of people wish to stay at home as they grow older.
The 2013 Home Care Rule changed federal labor regulations so that most in-home caregivers were subject to new overtime requirements, removing an exemption previously available under federal law. Independent Women has argued that this change increased costs and made it more difficult for seniors to access care or find flexible caregiving arrangements.
“The 2013 Home Care Rule restricted access, affordability, and availability of in-home support, making it near impossible for many seniors to age in place,” Madden added. “It has also limited flexible work opportunities for students, retirees, and others suited to live-in arrangements. The Department of Labor’s proposed rule, as advanced under the Trump administration, would restore a more practical framework by restoring the previous definition of companionship and allowing caregivers employed through third-party agencies, such as home care agencies or staffing firms, to once again qualify for the exemption. This change expands seniors’ choices and makes both work and support arrangements more flexible and accessible.”
Judy Pino, advisor on Hispanic issues and spokeswoman at Independent Women, wrote about these concerns in an op-ed published by The Washington Times: “In Hispanic families, we are raised to care for our elders. It’s not a question; it’s a promise, and one we embrace wholeheartedly. Our community is rooted in intergenerational care. We believe in aging with dignity at home, surrounded by family. However, outdated federal regulations such as the 2013 Home Care Rule issued by the Labor Department have made that dream harder to achieve. This is our moment to make caregiving work for real families. The Labor Department’s new rule is a step toward restoring common sense and compassion in caregiving.”
On August 27, Independent Women formally submitted its own comment addressing social, emotional, and financial consequences from the earlier regulation:
The 2013 Home Care Rule has proven inadequate in addressing the caregiving requirements of Americans, particularly older individuals. It has raised costs, diminished flexibility, discouraged lawful caregiving arrangements, and left countless seniors and families without viable solutions for in-home care.
We respectfully request that the Department of Labor finalize the proposed rule rescinding the 2013 changes. This would be a meaningful first step toward establishing a caregiving framework that respects the preferences of aging Americans, supports caregivers, and strengthens our communities.
Personal testimonies collected through Independent Women’s campaign reflect these broader concerns:
“Keeping my 88 and 92 year old parents at home where they belong is my #1 goal! Please help us. Their quality of life depends on it.”– Sam M.
“As someone with extensive experience with home and facility care, I have seen the enormous benefits to both the elderly and their families of aging in place. The elderly… struggle to adjust to new surroundings… With the population aging… we remove all obstacles… The 2013 Home Care Rule was a terribly ill-advised… policy.” – Aubrey W.
“Often there is no support for the elderly… Even less support for the caregiver… In south Florida memory care units… are unaffordable…”– Linda R.
Beyond supporting regulatory change through public comments (https://www.dol.gov/agencies/whd/flsa/home-care/comment), Independent Women has outlined additional proposals such as expanding au pair programs for eldercare needs or launching an American caregiver initiative intended both to increase workforce participation options while helping families meet their needs.
These efforts are part of an ongoing campaign by Independent Women focusing on policy reform related to senior care issues; recent activities include publishing policy papers (“Policy Focus: Free Caregivers,” “Au Pairs for Senior Care”), educational materials (https://www.iwf.org/2024/07/17/policy-focus-au-pairs-for-senior-care/), op-eds across national outlets (https://dailycaller.com/2024/06/30/madden-revisiting-the-home-care-rule-a-regulatory-shift-to-support-aging-in-place/) , and advocacy supporting reversal or modification of rules impacting eldercare (https://townhall.com/columnists/heathermadden/2024/07/05/repeal-the-home-care-rule-and-restore-communitybased-care-n2649836).
