Worker Mobility, Wages, Referrals: Key Home-Based Care Legal Issues In 2023

Years before he became a powerhouse attorney for the home-based care industry, Angelo Spinola was a caregiver. Ultimately, it wasn’t his calling, but it gave him a taste of the industry that he advocates for today. Part of that advocacy means educating providers on today’s regulatory landscape and helping them avoid being low-hanging fruit for […]

To Stay On Right Side Of Referral Relationships, Here’s What Home-Based Care Providers Should Know

Strong referrals can be the lifeblood of a thriving home-based care business. However, providers need to be sure they’re not running afoul of the federal laws, or the state law equivalents, that regulate the financial relationships between agencies and their referral sources. If a provider receives funding under the Medicare, Medicaid, TRICARE, Veterans Health Administration […]

What Home-Based Care Agencies Should Know About The Independent Contractor Proposed Rule

The independent-contractor pendulum in home-based care could be swinging back in favor of pro-union policies. Providers should take note of potential changes coming down the pike. For instance, there are currently proposed changes that would have an impact on the test used to determine whether someone is an independent contractor or an employee. Those changes […]

How Home Care Providers Can Avoid Live-In Care Legal Landmines

Home care companies that shy away from offering live-in caregiver services are often trying to avoid the potential legal risk it may bring to their doorsteps. However, when providers do want to offer this service, it’s important to be informed about how to deliver it correctly in order to avoid legal landmines. “My view on […]

Why Home Care Providers May Need to Rethink No-Hire Clauses 

Home care providers have always taken measures to ensure that they’re able to hold on to staff through clauses in client-services contracts prohibiting the direct hire of a caregiver. That’s especially true amid labor shortages. Now, various government agencies are cracking down on these measures. “Government authorities, such as the Federal Trade Commission (FTC), and in […]

What Home-Based Care Providers Should Know About DOJ’s Antitrust Focus, Employee Unionization

Home-based care agencies should keep a close eye on developments made by the Biden administration when it comes to antitrust laws and non-compete agreements, according to industry insiders. Partners and shareholders with the Polsinelli law firm detailed the latest updates within the Department of Justice (DOJ) on a webinar Thursday. They also covered how new […]

Home Health Consolidation Is ‘Not a Gordon Gekko-Type Situation,’ M&A Experts Argue

The pace hasn’t been as aggressive as some expected, but the home health industry has been undergoing a wave of consolidation over the past several years, with the number of freestanding agencies decreasing annually since at least 2015. While consolidation can certainly bring added stresses for existing operators, experts in the mergers-and-acquisitions field note there […]