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LifeLines - a newsletter about Elder Care Planning and Elder-Centered Law - produced by Levandowski and Darpino, LLC

Issue 3, June/July, 2008
FEATURE ARTICLE - REVERSE MORTGAGES
UPCOMING EVENTS - FUTURE SEMINARS
HEALTHLINE - DIABETES AND AGING
CAREGIVER HELPLINE - CARE AT HOME CAN HELP THE CAREGIVER



CARE AT HOME CAN HELP THE CAREGIVER

Non-medical in home services are an option that can help you manage the care of your loved one and allow them to remain at home, rather than move to a care facility. This type of care includes an aide to help with personal care needs such as bathing, dressing, toileting, meal preparation, etc. Or perhaps your loved one needs a companion to interact with them, go for walk, or provide social stimulation.

You may obtain the care from an independent provider that you hire directly, but a commonly used option is an agency or registry from which you hire someone to provide the services. Home care agencies generally employ their workers and manage payroll and taxes. With a home care registry, the caregivers are not the employees of the registry, but rather independent contractors. In this situatin, you are the employer and pay the caretaker directly, as well as a fee to the registry. You are also responsible for payroll taxes, including Social Security withholding.

Since these are not skilled medical services, Medicare or other health insurance does not cover this type of in-home care. Therefore, this is an out of pocket expense. However, it may be covered by long term care insurance or government benefits, if you qualify.

If a skilled medical service is being provided in the home, then Medicare or other health insurance might cover some assistance. Such services are likely to be short term and frequently occur after a hospital or rehab stay. After the skilled care is no longer needed, it may become apparent that ongoing assistance with personal care is still called for.

The amount of care provided may range from several hours per day to live in care, depending on the needs and desires of the individual and/or family.

In July, 2006, Act 69 was signed by the governor which provided regulatory requirements for both home care registries and home care agencies. Under this Act, both are required to:

  • Conduct criminal background checks on all staff.

  • Conduct tuberculosis screens for all staff with direct client contact.

  • Ensure the competency of caregivers through nurse aide training, or personal care training approved by the state, or a competency exam for persons providing only assistance with daily living activities.

  • Maintain documentation to demonstrate all of the above.

  • Supervise employees to ensure they have the proper skills to provide care.

  • Provide information regarding the following rights of the client:

      1. right to be involved in planning the services needed.

      2. right to receive services with reasonable accomodation.

      3. right to receive ten days advance notice of terminating services.

      4. right to access the Department of Health's 24 hour hotline and local ombudsman program.

  • Provide client with information concerning the services to be provided, when they will be provided, fees and total costs.

  • Inform the client whether the care worker is an employee or independent contractor.

  • Inform the client of the client's tax obligation and employment responsibilities for the care worker, if any.

  • Under Act 69, the agency or registry may not:

  • Assume power of attorney or guardianship over a client using their services.

  • Require a client to endorse checks over to the agency or registry.

    Also, under Act 69, a home care registry or home care agency must apply for a license to operate under the auspices of the Pennsylvania Department of Health, Division of Home Health. Each physical location of the agency or registry must be separately licensed.

    The requirements of Act 69 should provide enhanced oversight to an industry which caters to some of our most vulnerable citizens and enable family to feel more comfortable using non-medical home services to assist them in caring for their loved one.

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