My independent living facility says I can no longer utilize the individuals I have used for years. There is no medical care only transportation, computer assistance, house cleaning, companionship. They are individuals and not with an agency. The facility (a non-profit) that I pay for, no medicare assistance or anything else, says since they do not work for an APPROVED agency they can no longer help me. They are insisting that I utilize their APPROVED agencies that cost 2 to 3 times what I pay my girls. Can they do this? Don't I have the right to choose who I want to hire?
I really don't understand how an IL can demand who you hire!
That said, you might want to read the following (copy/paste the link):
https://www.agingcare.com/articles/hiring-in-home-caregiver-affects-taxes-171023.htm
I tried several ways to look up any kind of restrictions that might impact hiring your own independent helpers. Several hits on the first attempt focused on how the IRS is looking at these kind of employees (if they earn over a certain amount, they are considered your employees, especially if they perform duties YOU determine and all kinds of tax implications and likely insurance, at least WC, come into play.) The second query gave me the above link. Check it out!
But what I don’t understand is your girls are not providing “care” per se only companionship and escort/support your mom with non skilled needs. They are not misrepresenting themselves as “caregivers” and do not perform any duty that can be considered “care” in the definition required, say, in a NH. Your mother is essentially independent & the facility presents itself as an IL.
I don’t know why all of a sudden this is not allowed. Especially with no clause in your contract with them that specifically discusses anything to do with this.
So correct me if I’m wrong but your girls can be family or friends and continue on providing your mother with simply companionship & no hands on care like toileting, lifting or feeding her which in other SN facilities is required.
I would reach out to an attorney in elder law and have him review your mother’s contract & give you advice on how to proceed.
Independent living is just that. You are not falsely representing your girls as CG in the sense of say, a CNA.
You might have that lawyer look over exactly what that IL’s scope of care is, meaning what is the IL’s governing body rules if any in this situation, or what level of care they provide or the IL’s mission statement which in NH is often listed in the lobby or check for their complaint resolution process & discuss this with the IL complaint person and then go up the line if no satisfaction from lower level sources. Your mother has rights and responsibilities too- find out what they are to see if your mother’s R&R are being met. She has a right to have companions in to assist her to assure comfort in her living environment.
I hope this this works out for you and she is able to keep “your girls” because it is not fair to take away anything that impedes her comfort at her IL. You can argue that the center’s new policy endangers your mother’s well being in that she will have to mentally and physically change her routine and that this is not in your mother’s best interest. Maybe you can be grandfathered in meaning they can implement their new policy on new residents going forward.
Again, an attorney may help you resist this new policy or grandfather your mother in giving the reasons above.
Good luck and let us know how this turns out.
You can get the people that you have hired background checked and that may alleviate some concerns. But you could remind them that background checks will only flag if someone has been convicted it will not flag if someone as been accused or even merely arrested.
I suppose technically these people work for YOU not your mom, I wonder if there would be a legal difference there.
Not to be cynical...but I wonder how much of a "kick-back" the Non-Profit facility gets from the "approved agencies" when one of the "approved" employees is hired?
The lowest level just looks at convictions, but more in depth ones look a great deal deeper into a persons past and include arrests, Social Services investigations and more. Often a credit check is included, especially when working with vulnerable adults.
I have had ones at various levels, depending on where I was working/volunteering.
The higher level ones are more along the lines of Security Clearances, not only do they look at your past, but your family’s and close friends too.
The flaw in a Criminal Record Check is it is based on a point in time. Whereas Security Clearances are flagged going forward if there is a change.
i can understand OPs frustration that a system that has worked for a long time is being disrupted.
The stupid thing is that these insurances don't care if you have 5 or 50k visitors it is all income based.
They must be getting some kind of kick back from the "approved" agencies.
I don't think i would ask for an ammendment to the lease, this makes it binding and they may have not even thought about that.
I believe that you have to be notified in writing at least 30 days before contractual changes, the thing is, if you don't respond saying that you don't agree and you want something different than it becomes legally binding, you agreed by not disagreeing. You have to respond in writing, I always send signatures required or if hand delivered ask the person receiving the letter to sign, date and print their name as record of delivery.
You may have to get renters insurance that covers guests in your unit.
I pray for your sake that you are able to continue to have your helpers . Get creative when looking at solutions.
I can maybe see the people who are on the premises all the time but not the transportation. Call your local Office of Aging and see what they say. Ask if the know of a Legal aide agency you can consult.
My money is on some lawyer reviewed the facility and noticed a potential liability in having uninsured workers on the property.
In fact, you might want to check with your homeowners or renters insurance to see what would happen if a worker injured themselves while working for you. If they don't work for an agency, they won't be covered by worker's compensation. Many home insurances specifically state they will not cover injuries sustained by contractors working on your property.
I know of someone who is involved in a huge lawsuit because the contractor who was taking down a tree on their property got seriously injured. The homeowner did not know that the agency he hired only hired freelance contractors who were not covered by the agency's insurance. They then found that their homeowner's insurance specifically didn't cover that type of loss. The case is still progressing but they stand to lose a lot of money.
If you have free lance workers you really should ask your insurance agent about "nanny insurance" that would cover them if they hurt themselves. Or maybe you can arrange to get them worker's compensation coverage by becoming their employer.
It could be a liability issue if those things are not covered for people who are employed in the facility. And although it may not have been in the original contract, that does not mean they cannot enforce it now. Especially if they have undergone a review by their insurance company.
I would sit down with the powers that be at the facility and ask for the reason for the change in policy.
I have a friend who works in a care facility that offers many levels of care. She is employed by the facility and had to undergo significant training and has to do updates annually. She is an Activities Aide, so no medical care. He son just got hired as a custodian and although he has very limited contact with residents, he too had to undergo a significant training regime.