CHAPTER 5. HOME CARE CONSUMERS AND WORKER PROTECTION
IC 22-1-5
Chapter 5. Home Care Consumers and Worker Protection
IC 22-1-5-1
"Attendant care services"
Sec. 1. As used in this chapter, "attendant care services" has themeaning set forth in IC 16-18-2-28.5.
As added by P.L.212-2005, SEC.19.
IC 22-1-5-2
"Companion type services"
Sec. 2. As used in this chapter, "companion type services" refersto services described in IC 12-10-17.1-2(2).
As added by P.L.212-2005, SEC.19. Amended by P.L.141-2006,SEC.103.
IC 22-1-5-3
"Consumer"
Sec. 3. As used in this chapter, "consumer" means an individualwho:
(1) receives home care services given by a home care servicesworker in the individual's residence; or
(2) pays for and directs the home care services for anotherindividual.
As added by P.L.212-2005, SEC.19.
IC 22-1-5-4
"Consumer notice"
Sec. 4. As used in this chapter, "consumer notice" means thenotice described in section 14 of this chapter.
As added by P.L.212-2005, SEC.19.
IC 22-1-5-5
"Department"
Sec. 5. As used in this chapter, "department" refers to thedepartment of labor created under IC 22-1-1-1.
As added by P.L.212-2005, SEC.19.
IC 22-1-5-6
"Home care services"
Sec. 6. As used in this chapter, "home care services" meansskilled and unskilled services provided to an individual at theindividual's residence to enable the individual to remain in theresidence safely and comfortably. The provision of at least two (2)of the following is included in home care services:
(1) Nursing.
(2) Therapy.
(3) Attendant care.
(4) Companion type services.
(5) Homemaker services.As added by P.L.212-2005, SEC.19.
IC 22-1-5-7
"Home care services worker"
Sec. 7. As used in this chapter, "home care services worker"means an individual performing home care services forcompensation.
As added by P.L.212-2005, SEC.19.
IC 22-1-5-8
"Homemaker services"
Sec. 8. As used in this chapter, "homemaker services" meansassistance with or performing household tasks that includehousekeeping, shopping, laundry, meal planning and preparation,handyman services, and seasonal chores.
As added by P.L.212-2005, SEC.19.
IC 22-1-5-9
"Placement agency"
Sec. 9. As used in this chapter, "placement agency" means aperson engaged in the business of securing home care servicesemployment for an individual or securing a home care servicesworker for a consumer. The term:
(1) includes an employment agency, a nurse registry, and anentity that places a home care services worker for compensationby a consumer in the consumer's residence to provide home careservices; and
(2) does not include a worker who solely and personallyprovides home care services to another individual at theresidence of that individual.
As added by P.L.212-2005, SEC.19.
IC 22-1-5-10
"Skilled services"
Sec. 10. As used in this chapter, "skilled services" means servicesprovided by a:
(1) registered nurse (as defined in IC 25-23-1-1.1(a));
(2) licensed practical nurse (as defined in IC 25-23-1-1.2); or
(3) health care professional listed in IC 16-27-1-1.
As added by P.L.212-2005, SEC.19.
IC 22-1-5-11
"Worker notice"
Sec. 11. As used in this chapter, "worker notice" means thestatement described in section 17 of this chapter.
As added by P.L.212-2005, SEC.19.
IC 22-1-5-12
Application of chapter
Sec. 12. This chapter applies to a placement agency, but does not
apply to a:
(1) hospital (as defined in IC 16-18-2-179);
(2) health facility (as defined in IC 16-18-2-167(a)); or
(3) home health agency (as defined in IC 16-18-2-173).
As added by P.L.212-2005, SEC.19.
IC 22-1-5-13
Consumer notice; criminal history check
Sec. 13. (a) A placement agency:
(1) must provide a consumer with a consumer notice each timea home care services worker is placed in the home of theconsumer; and
(2) is not required to provide a consumer notice when a new ordifferent home care services worker is substituting for theregular home care services worker placed with the consumer.
(b) Before a placement agency places a home care services workerwith a consumer, the home care services worker must provide theplacement agency with a copy of the individual's limited criminalhistory from the central repository for criminal history informationunder IC 10-13-3. The home care services worker is responsible forthe fees required under IC 10-13-3-30 and must annually obtain anupdated limited criminal history. A copy of the home care servicesworker's limited criminal history must be made available to theconsumer.
As added by P.L.212-2005, SEC.19.
IC 22-1-5-14
Consumer notice information
Sec. 14. A consumer notice must include the following:
(1) The duties, responsibilities, and obligations of the placementagency to the:
(A) home care services worker; and
(B) consumer.
(2) A statement identifying the placement agency as:
(A) an employer;
(B) a joint employer;
(C) a leasing employer; or
(D) not an employer.
(3) A statement that notwithstanding the employment status ofthe placement agency, the consumer:
(A) may be considered an employer under state and federalemployment laws; and
(B) may be responsible for:
(i) payment of local, state, or federal employment taxes;
(ii) payment for Social Security and Medicarecontributions;
(iii) ensuring payment of at least the minimum wage;
(iv) overtime payment;
(v) unemployment contributions under IC 22-4-11; or
(vi) worker's compensation insurance as required by
IC 22-3-2-5 and IC 22-3-7-34;
of the home care services worker.
(4) The appropriate telephone number, address, and electronicmail address of the department for inquiries regarding thecontents of the notice.
The department shall determine the content and format of theconsumer notice.
As added by P.L.212-2005, SEC.19.
IC 22-1-5-15
Failure to provide consumer notice
Sec. 15. The failure of a placement agency to provide a consumernotice to the consumer at the time a home care services worker isplaced in the consumer's home does not relieve a consumer from theduties or obligations as an employer. If a placement agency fails toprovide a consumer notice and the consumer is liable for payment ofwages, taxes, worker's compensation insurance premiums, orunemployment compensation employer contributions, the consumerhas a right of indemnification against the placement agency, whichincludes the actual amounts paid to or on behalf of the home careservices worker as well as the consumer's attorney's fees and costs.
As added by P.L.212-2005, SEC.19.
IC 22-1-5-16
Worker notice
Sec. 16. A placement agency that will not be the actual employerof the home care services worker shall provide a worker notice as setforth in section 17 of this chapter to a home care services workerwho is placed with a consumer. The worker notice must:
(1) be provided to the home care services worker uponplacement in the consumer's home; and
(2) specify the home care services worker's legal relationshipwith the placement agency and the consumer.
As added by P.L.212-2005, SEC.19.
IC 22-1-5-17
Worker notice information
Sec. 17. The worker notice referred to in section 16 of this chaptermust contain the following:
(1) The duties, responsibilities, and obligations of the placementagency, the consumer, and the home care services worker if thehome care services worker is determined to be an independentcontractor, including:
(A) a statement of the party responsible for the payment ofthe home care services worker's wages, taxes, SocialSecurity and Medicare contributions, unemploymentcontributions, and worker's compensation insurancepremiums; and
(B) a statement identifying the party responsible for thehome care services worker's hiring, firing, discipline, day to
day supervision, assignment of duties, and provision ofequipment or materials for use by the home care servicesworker.
(2) The telephone number, address, and electronic mail addressof the department for inquiries regarding the contents of thenotice.
The department shall determine the content and format of theconsumer notice.
As added by P.L.212-2005, SEC.19.
IC 22-1-5-18
Investigation of complaints
Sec. 18. The department may at any time and upon receiving acomplaint from an interested person investigate an alleged violationof this chapter by a placement agency.
As added by P.L.212-2005, SEC.19.
IC 22-1-5-19
Penalties
Sec. 19. The department may impose a civil penalty not to exceedone thousand dollars ($1,000) against a placement agency that failsto provide a worker notice or a consumer notice at the times requiredunder section 13 or 16 of this chapter. The civil penalty may beassessed by the department and, if necessary, shall be recovered bythe prosecuting attorney of the county in which the violation hasoccurred or by the attorney general, as provided in IC 22-1-1-18.
As added by P.L.212-2005, SEC.19.