|
1. No license is required to provide home aide services in California. Anyone can provide home aide services, even those with criminal histories, substance abuse issues, or personality disorders. These risks mean consumers must be diligent about the home aides and the agency they select.
2. In-home aides usually cannot legally work as self-employed, or "independent contractors." Federal tax codes and California law require home aides and other workers to meet 22 different criteria to qualify as an indepent contractor. Unless a home aide works for mulitple clients each month, sets their own work times and methods, and charges by the job not the hour, they must be paid as a employee. That means someone must pay their Social Security, Medicare, and Unemployment insurance taxes, provider workers' compensation insurance coverage, provide them a W-2 at the end of the year, and report their wages to state and federal tax agencies.
3. Home care is a learned skill that includes knowing home sanitation, safe lifting and transferring, and gaining the cooperation of an elderly person with reduced cognitive awareness.
4. Some referral agencies give the appearance of being home aide agencies. They send out workers, collect and distribute compensation. However, these agencies consider these "independent contractors". This practice leaves their client subject to payroll tax and work injury liabilities.
5. Professional services from nurses and therapists are provided by home health agencies. Unlike home aide agencies, they are required to be licensed by the State of California. Personal care and home making services are provided by home aide agencies. There is no requirement for home aide agencies to be licensed in California.
6. Both home health and home aide agencies employ those they send to client's homes as home aides and therefore assume responsibility for payroll taxes and any work injuries.
7. Hospitals by law must offer choices for home health and home aide services. Typically this is done with lists of names and telephone numbers of agencies or individuals. Few, if any hospitals perform any evaluation of these agencies or individuals. It is strictly buyer-beware.
8. "Live-In's " who do more than personal care must have 12 consecutive hours off each day, and two consecutive 24 hour periods off each week, or be paid overtime. (see California Industrial Welfare Commission, Wage Order 15 ).
9. If the care giver lives on the premises lodging and meals are considered earnings. The minimum value is set by the State, and they must be reported and payroll taxes paid on them.
10. The California minimum wage is now $8.00/hour. Pay must be calculated by the hours of work, not by shift, day, or week. This amount must be paid for all hours worked or required to be present. Therefore, the minimum pay for a 12 hour overnight shift is $96.00. No deduction is permitted for sleep time. Not paying at least the minimum wage for all hours the consumer controls the home aide's time (i.e., to be present) leads to significant fines plus the backpay. A single telephone call to the State's Wage and Hour Enforcement office in Santa Barbara can bring and investigation.
11. By state and federal law employers are always responsible for injuries caused by work. A back injury claim averages $50,000. All employers must have workers' compensation insurance. Home owner insurance policies may offer this, but the covered person must have been treated as an employee.
12. A person must be a citizen or have a "Green Card" to legally work in the United States. A California driver's license and original copy of a Social Security are evidence of their eligibility. Hiring someone not eligible to work in the United States subjects the employer to a $1,000 fine.
13. Workers who apply for or use government benefits such as student aid, food stamps, or health care must sign affidavits stating their true income. This is checked against tax reports and estimated liviing expenses. Inconsistencies can trigger and investigations. Unpaid taxes, penalties, and fines can equal the wages paid.
14. A care giver's hourly wage is often an indication of their skill, dependability, and trustworthiness. Families and agencies who skimp on wages often receive poor if not risky service.
15. If you hire someone to provide care you need be able and willing to supervise them, accurately calculate their pay, and fire them if needed.
16. If you hire a care giver yourself, create a written agreement stating their hourly wage, expected tasks, expected days and hours they are to work, and the time and day they will be paid. You need to provide them a W-4 form so you can report their wages. Withholding for income taxes is optional, but they are responisble for paying them.
17. If you hire a care giver yourself, diligently look into their background. Check for court convictions using Internet services, speak directly to past employers, get solid explanations for periods they say they were not employed.
18. Keep some social distance from care givers in your home. Treat them fairly and with respect but avoid becoming involved in their lives and vice viceverse. Do not loan or give them your possessions, including money, cars, appliances, or jewelry. If you do, tell your relatives first.
19. Medicare, Medicare supplement insurance, and Medi-Cal rarely cover personal, in-home care services. These services are most often paid out of pocket, or by long-term care insurance. Medi-Cal recipients should contact County Social Services about In Home Supportive Services (IHSS).
20. If you have long-term care insurance, they may reimburse you for home care services. Know the company's eligibility requirements, confirm that your service will be covered, learn what the documentation requirements are, what is the reimbursement you will receive, how to send them the documentation, and the waiting time for payment.
21. Using a reputable home aide agency relieves the consumer of tax liabilities, supervisor responsibilities, and provides professional liability and workers' compensation insurance coverage. A good agency will also develop a service plan, and supervise their staff to follow it.
| 
