The move comes in response to OSHA's settlement of a legal challenge to the Letter. The lawsuit asserted that the Letter was contrary to OSHA regulations that stated employee representatives “shall be” employees of the employer unless third parties could provide specific expertise such as language interpretation or technical expertise. The Letter expanded this to include union representatives as identified by employees.
But an emotive headline would read "Hooray!" It would be followed by a rapid sigh of relief by those who are currently experiencing problems with unexpected notifications of and substantial reductions to their rental assistance contracts at contract adjustment of renewal.
The new requirements have been published to implement changes in the prepayment law enacted by the Section 202Supportive Housing for the Elderly Act of 2010 (Public Law 11-372), signature legislation advocated by LeadingAge and our members and passed in the 2010 lameduck session of Congress.
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