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 the
meaning 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" refers
to 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 individual
who:
(1) receives home care services given by a home care services
worker in the individual's residence; or
(2) pays for and directs the home care services for another
individual.
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 the
notice 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 the
department 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" means
skilled and unskilled services provided to an individual at the
individual's residence to enable the individual to remain in the
residence 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 for
compensation.
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" means
assistance with or performing household tasks that include
housekeeping, 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 a
person engaged in the business of securing home care services
employment for an individual or securing a home care services
worker for a consumer. The term:
(1) includes an employment agency, a nurse registry, and an
entity that places a home care services worker for compensation
by a consumer in the consumer's residence to provide home care
services; and
(2) does not include a worker who solely and personally
provides home care services to another individual at the
residence 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 services
provided 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 the
statement 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 time
a home care services worker is placed in the home of the
consumer; and
(2) is not required to provide a consumer notice when a new or
different home care services worker is substituting for the
regular home care services worker placed with the consumer.
(b) Before a placement agency places a home care services worker
with a consumer, the home care services worker must provide the
placement agency with a copy of the individual's limited criminal
history from the central repository for criminal history information
under IC 10-13-3. The home care services worker is responsible for
the fees required under IC 10-13-3-30 and must annually obtain an
updated limited criminal history. A copy of the home care services
worker's limited criminal history must be made available to the
consumer.
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 placement
agency 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 of
the placement agency, the consumer:
(A) may be considered an employer under state and federal
employment laws; and
(B) may be responsible for:
(i) payment of local, state, or federal employment taxes;
(ii) payment for Social Security and Medicare
contributions;
(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 electronic
mail address of the department for inquiries regarding the
contents of the notice.
The department shall determine the content and format of the
consumer 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 consumer
notice to the consumer at the time a home care services worker is
placed in the consumer's home does not relieve a consumer from the
duties or obligations as an employer. If a placement agency fails to
provide a consumer notice and the consumer is liable for payment of
wages, taxes, worker's compensation insurance premiums, or
unemployment compensation employer contributions, the consumer
has a right of indemnification against the placement agency, which
includes the actual amounts paid to or on behalf of the home care
services 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 employer
of the home care services worker shall provide a worker notice as set
forth in section 17 of this chapter to a home care services worker
who is placed with a consumer. The worker notice must:
(1) be provided to the home care services worker upon
placement in the consumer's home; and
(2) specify the home care services worker's legal relationship
with 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 chapter
must contain the following:
(1) The duties, responsibilities, and obligations of the placement
agency, the consumer, and the home care services worker if the
home care services worker is determined to be an independent
contractor, including:
(A) a statement of the party responsible for the payment of
the home care services worker's wages, taxes, Social
Security and Medicare contributions, unemployment
contributions, and worker's compensation insurance
premiums; and
(B) a statement identifying the party responsible for the
home care services worker's hiring, firing, discipline, day to
day supervision, assignment of duties, and provision of
equipment or materials for use by the home care services
worker.
(2) The telephone number, address, and electronic mail address
of the department for inquiries regarding the contents of the
notice.
The department shall determine the content and format of the
consumer 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 a
complaint from an interested person investigate an alleged violation
of 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 exceed
one thousand dollars ($1,000) against a placement agency that fails
to provide a worker notice or a consumer notice at the times required
under section 13 or 16 of this chapter. The civil penalty may be
assessed by the department and, if necessary, shall be recovered by
the prosecuting attorney of the county in which the violation has
occurred or by the attorney general, as provided in IC 22-1-1-18.
As added by P.L.212-2005, SEC.19.