2023 Maryland Statutes › Health - General › Title 19 - Health Care Facilities › Subtitle 4A - Residential Service Agencies › Section 19-4A-11 - Guidance Document for Use of Personal Care Aides by Residential Service Agencies -- Annual Certification by Residential Service Agency

(a)    (1)    On or before December 30, 2021, the Office of the Attorney General, in consultation with the Department and the Maryland Department of Labor, shall produce a guidance document concerning the application of employee protection laws in the Labor and Employment Article, to the use of personal care aides by residential service agencies.
(2)    The guidance document required under paragraph (1) of this subsection shall:
(i)    Describe with specific reference to the residential service care industry:
1.    Relevant definitions of “employ”, “employee”, “employer”, and “independent contractor”;
2.    The concept of independent contractor misclassification and the potential for legal liability including monetary damages for employees; and
3.    Steps a residential service agency may take to ensure compliance with the Labor and Employment Article;
(ii)    Be three pages or fewer and, to the extent feasible, written in plain language; and
(iii)    Be revised and updated on an annual basis.
(b)    (1)    As a condition of obtaining an initial license from the Department to operate as a residential service agency and every 3 years thereafter, a residential service agency shall certify to the Department, on a form developed by the Department and through the signature of an individual with authority over the residential service agency’s pay or employment practices, that:
(i)    The individual has read and understood the guidance document produced under subsection (a) of this section; and
(ii)    The residential service agency will comply with the relevant requirements of the Labor and Employment Article.
(2)    On an annual basis, the Secretary shall provide the most current version of the guidance document to each licensed residential service agency.
(3)    A form developed by the Department for use under paragraph (1) of this subsection shall include a checkbox by which a residential service agency that receives Medicaid reimbursement for the provision of home care or similar services by a personal care aide shall indicate whether the residential service agency uses personal care aides designated as independent contractors.
(c)    On or before October 1 each year, each residential service agency receiving Medicaid reimbursement for the provision of home care or similar services by a personal care aide shall report to the Department, on a form or in an electronic manner developed by the Department, the number of personal care aides classified by the residential service agency as:
(1)    Employees; and
(2)    Independent contractors.
(d)    (1)    On or before July 1 each year, the Department shall use the information reported under subsection (c) of this section to create a report concerning:
(i)    Medicaid reimbursement rates;
(ii)    The cost of delivering services; and
(iii)    Aggregated employment classifications of individuals who provide personal care.
(2)    Data included in the report under this subsection:
(i)    May only be in aggregate; and
(ii)    May not identify a specific residential service agency.
(3)    The Department shall submit each report created under paragraph (1) of this subsection to the Senate Finance Committee and the House Health and Government Operations Committee in accordance with § 2–1257 of the State Government Article.