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 The Complex World of Home Healthcare: Why Work
Through an Agency?
One of the greatest long-term needs of older adults with chronic illnesses is for in-home, custodial care, which makes it
possible for people with functional or cognitive limitations to remain at home in their preferred environment. Home Health Aides
and Certified Nursing Assistants provide the majority of this type of care.
The three main types of private duty or custodial care companies in South Florida are:
- Licensed Home Health Agency – Non-Medicare Certified
- Licensed Nurse Registry
- Companion Company
Licensed Home Health Agencies and Nurse Registries often provide very similar staff to the consumer. The primary difference
involves the issue of who the employer and supervisor is for the staff.
In a Licensed Home Health Agency situation, the company is both the employer and the supervisor of the care that is provided.
This means that the care recipient has help in managing the nature and quality of the care. In a Licensed Nurse Registry the
employer and the supervisor of the care is the individual who is the care recipient or a family member. This means that the
consumer is also the employer and the supervisor of the staff. A nurse may visit, but she is not allowed to supervise the work
of the aide because the aide is not their employee.
Companion Companies are not licensed, but they are registered with the State. Their staff is prohibited by law from providing
any “personal care” services. This means that Companions can only provide household chores and friendly visitor/companionship services.
The consumer must inquire to determine if they are the employer or the company is the employer.
Why is this Important?
Consumers need to know that care decisions come with issues of legal liability and responsibility.
For example, if the care recipient is a private employer there are responsibilities imposed by the IRS, which include:
- Withholding of income tax and your (employer) portion of social security and Medicare taxes
- Paying social security, Medicare and unemployment (FUTA) taxes
- Giving employee a Form W-2, showing the amount of taxes withheld from the pay. (www.irs.gov/pub/irs-pdf/p1779.pdf)
There may also be liability incurred for any injury that happens while the aide is on the job. Many people believe that this is
covered under their homeowners’ policy, but this is not always the case and it would be necessary to check with your insurance
agent about your potential liability.
So the question to ask, when you need care to remain at home is, “Do I want the responsibility of being an employer, or do I want to know
that I have a team to help me?” To your good health! |
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