An Act To Enact the Home Care Consumer and Worker Protection Act
Maine Legislature, Session 123, LD 1544
Committee: Labor
Sponsors: RICHARDSON, CEBRA

Legislative Document 
No. 1544 
H.P.I069 
House of Representatives, March 20, 2007 
An Act To Enact the Home Care Consumer and Worker Protection 
Act 
Reference to the Committee on Labor suggested and ordered printed. 
Presented by Representative RICHARDSON of Warren. 
Cosponsored by Representative: CEBRA of Naples. 
Primed on recycled paper 
17/~ 
/J7.1JJ~ 
MILLICENT M. MacFARLAND 
Clerk 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 26 MRSA c. 37 is enacted to read: 
CHAPTER 37 
HOME CARE CONSUMER AND WORKER PROTECTION ACT 
§3211. Short title 
This chapter may be known and cited as "the Home Care Consumer and Worker 
Protection Act. " 
§3212. Definitions 
As used in this chapter, unless the context otherwise indicates, the following terms 
have the following meanings. 
1. Activities of daily living. "Activities of daily living" means eating, dressing, 
grooming, bathing, use of the toilet, transferring or personal hygiene, including 
preparation and cleanup related to any of those activities. 
2. Companion services. "Companion services" means those services that provide 
fellowship, care and protection for an individual. "Companion services" includes, but is 
not limited to, transportation, letter writing, mail reading and escort services. 
3. Commissioner. "Commissioner" means the Commissioner of Labor. 
4. Consumer. "Consumer" means either an individual who receives home care 
services in that individual's temporary or permanent residence through a home care 
services worker or an individual who pays for and directs the services, if not the person 
receiving services. 
5. Consumer notice. "Consumer notice" means the notice provided to a consumer 
that must include, at a minimum, the following information: 
A. A description of the duties, responsibilities, obligations and legal liabilities of the 
placement agency to the home care services worker and to the consumer. 
The 
description must clearly set forth the consumer's responsibility, if any, for: 
(1) Day-to-day supervision of the home care services worker; 
(2) Assigning duties to the home care services worker; 
(3) Hiring, firing and disciplining the home care services worker; 
(4) Provision of equipment or materials for use by the home care servIces 
worker; 
(5) Performing a criminal background check on the home care services worker; 
(6) Checking home care services worker references; and 
(7) Ensuring credentials and appropriate licensure or certification of a home care 
services worker; 
B. A statement identifying the placement agency as an employer, joint empJ~ 
leasing employer or non employer, as applicable, of the home care services worker 
along with the responsibility the placement agency will assume, if any, for the 
payment of the home care services worker's wages, including overtime pay for hours 
worked in excess of 40 hours in a workweek, taxes, social security, Medicare and 
workers' compensation and unemployment compensation payments; 
C. A statement that, regardless of the placement agency's status, the consumer may 
be considered an employer under various state and federal employment laws, and 
that, if this is the case, the consumer may be held responsible for the payment of the 
home care services worker's federal, state and local taxes, social security, Medicare, 
overtime and minimum wages and unemployment and workers' compensation 
insurance payments; 
D. A list of the forms that the consumer may be required by law to complete and 
submit as an employer; 
E. The penalties that may be assessed against the consumer in the event that the 
consumer is determined to be an employer but has not fulfilled the consumer's 
obligations as an employer; and 
F. The department's telephone number and address, in the event the consumer has 
questions concerning the content of the notice. 
6. Department. "Department" means the Department of Labor. 
7. Home care aide. "Home care aide" means an individual working for hire in a 
person's temporary or permanent place of residence to assist with activities of daily 
living. 
8. Home care services. "Home care services" means skilled or nonskilled care, or 
both, provided to an individual in or at the individual's temporary or permanent residence 
for the purpose of enabling that individual to remain safely and comfortably in the 
individual's temporary or permanent residence. "Home care services" includes, but is not 
limited to, nursing services, home care aide services, companion services and homemaker 
1 
servIces. 
9. Home care services worker. "Home care services worker" means any individual 
performing home care services of any kind or character whatsoever for hire. 
10. 
Homemaker services. 
"Homemaker services" means assisting with or 
performing household tasks, such as housekeeping, shopping, laundry, meal planning and 
preparation, cleaning, home repair services and seasonal chores. 
11. Person. "Person" means any individual. firm, association, partnership, company 
or corporation or other legal entity. 
12. Placement agency. "Placement agency" means any person engaged for gain or 
profit in the business of securing or attempting to secure home care services work for an 
individual or of securing or attempting to secure a home care services worker for a 
consumer. "Placement agency" includes, but is not limited to, employment agencies, 
nurse registries and any other entity that places a home care services worker for hire by a 
consumer in that consumer's temporary or permanent residence for purposes of providing 
home care services. 
13. Worker notice. "Worker notice" means a form that contains, at a minimum, the 
following information: 
A. 
The duties, responsibilities, obligations and legal liabilities of the placement 
agency, the consumer and the home care services worker, in the event that the home 
care services worker is determined to be an independent contractor. The description 
must include the following information: 
(1) A statement as to the party responsible for the payment of the home care 
services worker's wages, including overtime pay for hours worked in excess of 40 
hours in a workweek, taxes, social security, Medicare and unemployment and 
workers' compensation insurance; 
(2) A statement identifying which party will be responsible for the homecare 
services worker's hiring, firing, discipline, day-to-day supervision, assignment of 
duties and provision of equipment or materials for use by the home care services 
worker. 
B. The department's appropriate phone number and address, in the event the home 
care services worker has questions concerning the contents of the notice. 
§3213. Consumer notice 
1. Notice upon placement. A placement agency shall provide a consumer with a 
consumer notice each time a home care services worker is placed in the consumer's home. 
A separate consumer notice is not required in those instances when a home care services 
worker is temporarily covering or substituting for the consumer's regular home care 
services worker. 
2. Form. A consumer notice must be on a form developed by the department. 
3. Signature; retention. The consumer notice must be signed by the consumer and 
retained by the placement agency at its office for not less than 3 years. 
4. Failure to provide notice to worker. A placement agency's failure to provide a 
consumer notice to a home care services worker subjects that agency to civil fines. 
5. Failure to provide notice to consumer. A placement agency's failure to provide 
a consumer notice does not relieve a consumer of any duties or obligations as an 
employer. If a placement agency fails to provide a consumer notice and the consumer is 
determined by the department to be liable to the home care services worker for payment 
of wages, taxes, workers compensation or unemployment compensation, the consumer 
has a right of indemnification against the placement agency, which includes the actual 
amounts paid to or on behalf of the home care services worker, as well as the consumer's 
attorney's fees and costs. 
§3214. Worker notice 
1. Notice upon placement. A placement agency shall provide a worker notice to 
each home care services worker who is placed with a consumer that sets out the home 
care services worker's legal relationship with the placement agency and the consumer. 
The worker notice must be provided to the home care services worker upon the worker's 
placement in a consumer's home. 
2. Form. The worker notice must be on a form developed by the department. 
3. Signature; retention. The notice must be signed by the worker and retained by 
the placement agency at its office for not less than 3 years. 
4. Failure to provide. A placement agency's failure to provide a worker notice to a 
II 
home care services worker subjects that agency to civil fines set forth in this chapter. 
§3215. Investigations; orders; civil penalties 
1. Investigation. The department may at any time, and shall upon recelvmg a 
complaint from any interested person, investigate a placement agency's violation of this 
IS 
chapter. 
2. 
Investigatory powers. The commissioner may examine the premises of any 
placement agency, may compel by subpoena for examination or inspection the attendance 
and testimony of witnesses and the production of books, payrolls, records, papers and 
other evidence in any investigation or hearing and may administer oaths or affirmations 
to witnesses. 
3. Order to cease and desist. After appropriate notice and investigation, and if 
supported by the evidence, the department may issue and cause to be served on any 
person an order to cease and desist from violation of this chapter and to take any further 
action that is determined to be necessary to eliminate the effect of the violation. 
4. Commence action. Whenever it appears that any person has violated a valid 
order of the department issued under this chapter, the commissioner may commence an 
action and obtain from the court an order directing the person to obey the order of the 
department or be subject to punishment for contempt of court. 
5. Order enjoining violation. In addition to any order or action, the department 
may petition a court of competent jurisdiction for an order enjoining any violation of this 
chapter. 
6. Penalty. A placement agency that violates this chapter is subject to a fine of $1 00 
per day per violation. 
§3216. Rulemaking 
The department shall adopt rules to implement this chapter. Rules adopted pursuant 
to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2-
A. 
SUMMARY 
This bill creates the Home Care Consumer and Worker Protection Act. The purpose 
of this bill is to ensure that both the consumer and the home care services worker are 
given the ability to make informed, knowledgeable decisions regarding their status as 
employees, independent contractors and employers.