Press Releases

 Today, U.S. Rep. Matt Cartwright introduced the Notification of Your Eldercare Rights Act.  The legislation would require professional homecare agencies to disclose to the elderly whether a home health care worker is classified as a homecare agency employee or an independent contractor.  Consumers are often unaware of the significant responsibilities – like worker’s compensation – for which they are liable for when hiring an independent contractor.

To protect the elderly, this legislation would require the full disclosure of legal rights and responsibilities that a consumer may acquire as a result of the health care worker being an independent contractor.  Agencies that fail to disclose any pertinent information to consumers would be subject to fines.

“We have an obligation to safeguard our older citizens from any form of exploitation or potential legal hazard.  It would be irresponsible to not ensure that the elderly are educated about their legal rights and responsibilities when hiring a home health care worker, particularly if that worker is an independent contractor,” said Cartwright.  “We must address this national issue.  I am proud to introduce this legislation which would provide the elderly with peace of mind.”

In 2000, according to the U.S. Administration on Aging, people aged 65 years or older represented 12.9 percent of the U.S. population.  By 2030, the 65+ age demographic is expected to account for 19 percent of the country’s population.  The growth of the elderly population will increase the demand for home health care workers.  The Bureau of Labor Statistics predicts that Personal and Home Care Aides (PHCA) will be the fourth fastest growing direct care job through 2018.  Many questions will inevitably arise about the safety and legal rights of the elderly.