Private Duty Conference Highlights: Meeting Operational and Compliance Challenges, Part I – A Session Overview
February 19, 2016 03:48 PM
The National Association for Home Care & Hospice (NAHC) held its 2016 Private Duty Home Care Conference in Charleston, South Carolina, on February 1-2, 2016, and NAHC Report will be providing coverage of some of the highlights from the conference.
Compliance is arguably the number one challenge all private duty home care agencies face. Whether it is pay rates, working hours, meal periods, sleep time, live-in situations, and/or travel compensation, compliance can actually deters many potential agency owners from getting in the business. However, Angelo Spinola of Littler Mendelson, P.C. in Atlanta, Georgia, believes that sticking it out and operating with vigilance can pay big dividends. “Home care is the fastest growing industry by a significant margin, and it will be through 2022,” he said recently at the Private Duty Home Care Conference hosted by NAHC and the PDHCA in Charleston, South Carolina.
Angelo spoke for 90 minutes about compliance. Angelo used the term “bet the house” when discussing what’s at stake if you’re an agency owner, because – and especially for some smaller providers – personal liability is completely fair play. “There are more class action lawsuits in home care than any other industry,” he affirmed. One participant asked, “What are the options for covering ourselves from liability? What are the options for us so that our homes aren’t on the chopping block?” Angelo proceeded to discuss what makes it “easy” for groups of people subject to certain protocols of a given agency (staff and clients alike) to constitute a potential class, and what you can do as an agency owner to prevent these individuals from claiming that status.
Angelo’s advice was framed in the context of what opposing attorneys ask for in lawsuit proceedings. If you know what things you might be forced to provide proof of for the discovery phase of a suit, then you know the things for which you need to create well-documented and airtight processes. If you missed this session, or would like access to the original presentation slides or more information, please contact Katharine Howard at NAHC: firstname.lastname@example.org