Today, there’s a growing body of families who are choosing to hire home care services to help look after senior relatives. While they often focus on compassion and the expertise of the caregiver, there’s one critical aspect that is often forgotten.
Legal considerations.
You have to remember that home care for seniors involves a degree of risk and liability that needs to be discussed beforehand. Typically, contracts are produced by one party, but it’s important that all parties ensure that they agree with the terms involved. Let’s explore this theme further today.
When discussing the legal considerations revolving around home care, it’s important to have a brief overview of some of the laws. According to the Center for Medicare and Medicaid Services, HCBS programs (home care and community-based services) must meet nationwide incident management system standards. Likewise, in six years, states should ensure that at least 80% of medicaid payments for home care services reach direct care workers over administrative costs.
In states like Pennsylvania, legislation like HB 155 and SB 1080 was passed and allowed for direct care interviews to also be provided via remote video. So, remote check-ins appear to be legal in some states and are an option available if needed.
Sadly, Pennsylvania is one state where home health care agency services are becoming increasingly popular for some unfortunate reasons. In cities like Harrisburg, Philadelphia, and Allentown, PA, there have been reports of violence against the elderly, many of them who live alone at home.
As AmeriBest Home Care notes, personalized home care prioritizes safety, which is a top priority for those aging in place. So, whether it be remote check-ins or in-person, home care, having someone to check on your loved one is critical.
Compliance and liability are boring words for the average person, but they are critical because families can unknowingly take on legal responsibilities. For instance, if a family hires an independent caregiver, they may actually become legally designated as an employer.
That naturally brings certain obligations like insurance, payroll taxes, and compensation for any injuries that happen on the job. Many families take hiring home care services as an informal process, but all it takes is one argument, and you might be getting sued. This is why it’s generally safer to use an agency that handles all the legal obligations.
Look at the recent case of a Philadelphia careworker, who committed Medicaid fraud by billing home care hours when the patient was in a hospital. In total, 262.5 hours, amounting to $4,297, were billed and reimbursed by Medicaid. Thankfully, the agency where he worked was able to notice this discrepancy, which is something potentially preoccupied family members might miss.
If you do plan to hire on your own, ensure that you investigate your local laws thoroughly. You may have to clearly specify their employment status, document their role, and, of course, provide them with insurance.
It doesn’t matter whether it’s physical, emotional, or financial; elder abuse is a risk that exists when you bring a stranger into your home. For the most part, the caregiving industry contributes greatly to elder welfare. However, just like any aspect of life, a few bad apples can ruin things for everyone.
If your loved one is a senior being taken care of at home, then learn to recognize warning signs. These may include withdrawal when the caregiver is around or a drastic change in behavior. Likewise, if you’re a caregiver, it’s important that you, too, keep an eye out for signs of abuse.
Too often, caregivers prefer to keep their heads down and feel it isn’t their business to interfere. However, in some states, it is your obligation. For instance, in California, under Welfare and Institutions Code 15630, anyone who has assumed responsibility of an elder is a mandated reporter. It doesn’t matter if you are compensated or not; you are legally required to report suspected elder abuse to APS and follow up with a written report within two days.
All things considered, it shouldn’t be a surprise that anything related to a vulnerable demographic comes with legal strings. What's more, societal attitudes towards elderly abuse tend to be lax when compared to child abuse. This is why it’s critical that all parties involved in elder home care understand the law and the legal obligations they have.
Failure to know your responsibilities as a family or a caregiver can make you liable. So, read up on your local laws and encourage everyone to view elder care more seriously.
