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One thought on “Home-Care Services Consumer Protection Act signed into law

  • Kathy Janz, RN MA in Nursing

    While I am sure that Bonnie Lowenthal feels strongly about the seniors and disabled, I think that the public should be aware that the consumers that are getting care exempted agencies far exceeds those that will be under a licensed agency. The bill excludes all home care agencies that do not payroll deductions and just issue 1099s yet may represent themselves as licensed, bonded and insured. Today I noticed that at least half of the listed agencies listed in my local Yellow Pages were those issuing 1099s. This means that those rendering the care will not be eligible for any entitlements or workers compensation. It also means that the grey economy will expand as many agencies are discussing converting to the state preferred independent contractor model. The Domestic Worker Rights Bill (AB241) also carved out the referral agencies so that they do not have to meet the overtime and minimim wage regulations. The two agencies that were brought to light for abuses caught on video: the male nurses at AMS Home Care Solutions in San Diego and the attendants working through Jay Noland in the LA area are excluded entities. The first is a home care referral agency and the second is funded through the state’s department of services to the developmentally delayed.