I have recently changed companies and I am receiving different information on staff as volunteers(especially volunteer coordinators). Does anyone have the Medicare guideline on this?
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by Rashani Rea & Kathy Douglas
Those who companion suffering daily, such as hospice nurses and volunteers, will surely appreciate this beautiful work. With 62 original art collages by Rashani Réa, five beautiful chapters by Kathy Douglas, and a foreword by Jean Watson, this exquisite book is a peaceful refuge for contemplation, inquiry, reflection and inspiration for those who traverse the joys and sorrows of nursing.
Kathy Douglas, RN, MPH-HA is a nationally recognized nurse leader, filmmaker and entrepreneur.
Rashani Réa is a prolific artist and musician, a creatrice of sanctuaries and a respected spiritual mentor.
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“Those who companion suffering daily need to turn inward to metabolize what they have witnessed. This exquisite book, filled with beautiful images and poetic wise words, is the inspiration and support needed to grow a wise heart.”
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Replies
I was told that MC will not allow staff to be volunteers.
Mary McCole, LCSW
Hi Stacy,
Were you able to get an answer to your question elsewhere? If not, could you be more specific about what specifically your new company's concern is? Generally speaking, the use of staff as volunteers is a Fair Labor Standards Act (“FLSA”) issue. Medicare does not rule on such issues. Here is a brief summary on this topic from Jenner & Block, a law firm in Illinois.
In 1985, Congress amended the Fair Labor Standards Act (“FLSA”) to ensure that true volunteer activities were not impeded or discouraged while minimizing the risk that the FLSA’s minimum wage and overtime requirements were being abused by employers. In those amendments, Congress made clear that a volunteer may receive “no compensation,” but may be paid “expenses, reasonable benefits, or a nominal fee.”
An individual will be considered a volunteer under the FLSA if the individual:
(1) performs hours of service for a public agency for civic, charitable, or humanitarian reasons, without promise, expectation, or receipt of compensation for services rendered; although a volunteer can be paid expenses, reasonable benefits, or a nominal fee to perform such services;
(2) offers services freely and without pressure or coercion; and
(3) is not otherwise employed by the same public agency to perform the same type of services as those for which the individual proposes to volunteer.
If your agency or hospice is part of a governmental entity and you want to characterize someone
providing services to your organization as a volunteer, you should review the complete wage and hour regulation in that regard. 29 CFR § 553.100 et seq.
Greg Schneider
HVA Founder & President
HCF Creator