AARP Nebraska Endorses Home Care Consumer Bill of Rights

AARP Nebraska has endorsed the Home Care Consumer Bill of Rights Act. LB 698, introduced by State Sen. Heath Mello of Omaha, would spell out protections for Nebraskans who receive home care services to help them stay independent and reduce their need to move into a nursing home. The bill would apply to Nebraskans over the age of 60 and younger persons with disabilities.

“There is much to like about this bill. AARP believes it is important to establish the rights of those individuals who receive home care services,” said Mark Intermill, advocacy director for AARP Nebraska.

Among other things, the bill would guarantee that consumers have the right to participate in the planning of home care services, make informed decisions about their own care, and know the cost of the services in advance and whether these services are covered by insurance.

LB 698 also outlines the responsibilities of home care providers to maintain confidentiality of the consumer’s personal, financial and medical information and to provide consumers with a copy of the Home Care Consumer Bill of Rights. The provider would also need to disclose what kind of employer they are to the consumer and fines could be levied for violations.

Intermill said that in certain cases, the home care consumer might be considered an “employer” under the law and responsible for the payment of federal and state taxes. But some home care providers, particularly in rural areas, are independent contractors who may be providing help to a neighbor in exchange for a small amount of compensation.

He recommended that the Legislature's Health and Human Services Committee clarify that a home care provider is an agency that provides or arranges provision of home care.

“These independent contractors may not know much about employment law or tax law. They think that they are helping out a neighbor. AARP has concerns about levying a fine against them if they fail to disclose their employment relationship or tell the consumer that they should consult a tax professional,” he added.