How to Choose a Home Care Agency: Questions to Ask About Regulations and Liability

Choosing a home care company can be overwhelming and stressful. There are so many options out there, and if you’re not familiar with the industry, how do you know which one to choose? Not to mention, most people are looking into home care because they are in a crisis situation, or have reached a breaking point. There’s added pressure to make a choice, and quickly. Unfortunately, making the wrong choice can lead to even more stress and frustration if you end up facing missed shifts, untrained or unengaged staff, and at worst–neglect and even abuse.

Pallas Care recommends that you narrow your search to 2-3 companies, and then set up an in-person consultation with the finalists. These (usually free) meetings will enable you to meet with the company’s representative and learn more about their process and philosophy. It’s important to make sure that you feel comfortable with the person that the company has chosen to represent them, and that you trust that your (or your loved one’s) care is in good hands.

In this weekly series, we’ll be sharing questions to ask as you evaluate home care agencies, and sharing Pallas Care’s answers to those questions. First up, we’ll be exploring regulations and liability; because it’s important to know that the agency you choose is following the law and has adequate protections in place. For the full checklist or to schedule a free consultation, email Jennifer@Pallas.care

Are you licensed by the CA state Department of Social Services’ Home Care Services Bureau?

Yes, we are licensed, and our Home Care Organization (HCO) number is 194700952.

Why this question is important: It is illegal in the state of CA to provide home care services without this license. If you choose an unlicensed agency, you risk being partially or jointly liable for noncompliance with the law. Any licensed agency should be able to provide you with an HCO number and you can look up the status of a license here: Facility Search

Are your employees classified as W2 or 1099?

All of Pallas Care’s employees are W2.

Why this question is important: The IRS states that anyone employed in a private home must be a W2 employee, and the state of California’s laws around domestic workers and W2 vs 1099 employees are even stricter. If you or your agency are hiring caregivers as 1099, you could be liable for unpaid taxes, overtime, and penalty fees.

What kinds of insurance do you have?

Pallas Care has Professional & General Liability Insurance, Worker’s Compensation Insurance, Non-Owned Auto Insurance, and an Employee Dishonesty Bond.

Why this question is important: Insurance protects you from financial risk if anything should happen in your home or while a worker is on the job, including accidents, injuries, or thefts. If your agency is under- or un-insured, you could be liable for thousands or even millions in damage claims. Your homeowner’s or renter’s insurance may not cover employees working in your home.

How do you ensure you are following all laws & regulations?

Pallas Care takes compliance very seriously, and we make sure that we strictly follow all federal, state, and local laws. To ensure that we are scrupulously following every applicable regulation and keeping abreast of legal developments, we have a partnership with Polsinelli Law Firm, the nation’s leading legal experts in the field of home care.

Why this question is important: According to a March 2024 webinar with Polsinelli, approximately 80% of licensed home care agencies are out of compliance. This puts you and your loved one at risk for not just substandard care, but also liability for financial damages/fees related to noncompliance.

Stay tuned for the next installment of this series! For the full checklist or to schedule a free consultation, email Jennifer@Pallas.care


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