Home care consumer protections proposed

The Health and Human Services Committee heard testimony Feb. 18 on a bill that seeks to enhance protections for individuals who receive in-home care services.

Omaha Sen. Heath Mello, sponsor of LB607, said the measure was the result of a recommendation from the Legislature’s Aging Nebraskans Task Force. The bill would create the Home Care Consumer Bill of Rights, which would apply to individuals 60 and older, or those 18 and older with a disability, who receive home care services.

Mello said he intended to amend the bill’s language to include minors who receive in-home care services.

Among other provisions, a consumer of home care services would have the right to:
• refuse service;
• participate in the approval of services and any changes in service;
• freedom from exploitation;
• freedom of choice in service providers; and
• information on rights and responsibilities in an agreement between the consumer and the service provider.

A company that fails to provide the information to consumers receiving in-home services as required by LB607 would be subject to a Class V misdemeanor.

Mello said it is a growing concern that seniors and others often employ caregivers without realizing that they are considered contract employees, which can involve significant liabilities.

“LB607 would provide increased clarity and responsibility moving forward for both consumers and providers,” Mello said.

Michaela Valentin, representing Home Instead Senior Care, testified in support of the bill. If a caregiver is a contract employee—rather than an employee of an agency—the consumer is responsible for taxes, payroll and scheduling and has no recourse for theft or property damage, she said.

Kristi Benning, operations manager for Right at Home in Omaha, agreed. Testifying in support of the bill, she said consumers often do not know which type of employee is working in their home.

“Potential clients should understand what they’re receiving and what to expect from a home care company,” Benning said.

Kathy Hoell of the Nebraska Statewide Independent Living Council also testified in support, saying people with disabilities have the right to independence and inclusion in their care decisions.

“One of the basic tenets of independent living is that people with disabilities and seniors should be allowed to live in their own homes and communities and receive proper care,” Hoell said.

No opposition testimony was given and the committee took no immediate action on the bill.