California Code of Regulations › Title 22 - Social Security › Division 1 - Employment Development Department › Subdivision 1 - Director of Employment Development › Division 2.5 - WITHHOLDING TAX ON WAGES › Chapter 1 - GENERAL PROVISIONS › Section 4304-3 - Specific Application of Rules for Determination of Employment Status to Circumstances in the Home Health Care Industry

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) While determination of whether a "home
					 health care professional" is an employee or an independent contractor in the
					 home health care industry will be made generally by the rules set forth in
					 Section 4304-1, above, specific
					 application of those rules to services of a "home health care professional," as
					 described in paragraph (b)(3) below, in the home health care industry is set
					 forth in this Section
					 4304-3. In circumstances where a
					 specific application is not interpreted by Section
					 4304-3, that specific application
					 will be determined by rules set forth in Section
					 4304-1. No one or more of
					 enumerated factors will necessarily indicate that a particular relationship
					 exists.
(b) Definitions:
(1) The "home health care industry" covers
					 any home health agency that provides for professional health services primarily
					 for a client at a residence.
(2) A
					 "home health agency" means a public agency, private organization or subdivision
					 of such an agency or organization which is primarily engaged in providing
					 skilled nursing and other therapeutic services on a part-time or intermittent
					 basis to patients in a place of residence used as the patient's home under a
					 plan of treatment as prescribed by the attending physician, which meets the
					 requirements of Titles XVIII and XIX,
					 P. L.
					 93-603 (7).
(3) A "home health care professional" is a
					 licensed, certificated, or registered person who is engaged by any home health
					 agency in the home health care industry to provide any of the following
					 professional health services primarily for a client at a residence, although
					 services are occasionally rendered at health care facilities:
(A) Nursing (registered nurse)
(B) Physical therapy (physical
					 therapist)
(C) Occupational therapy
					 (occupational therapist)
(D) Speech
					 therapy (speech pathologist)
(E)
					 Counseling (social worker and/or social work assistant)
(F) Medical services (doctor)
(G) Dental services (dentist)
(H) Hearing related services
					 (audiologist)
(I) Nutritional
					 services (dietitian)
(4)
					 A "registered nurse" means a person licensed in the State of California by the
					 Board of Registered Nurses.
(5) A
					 "physical therapist" means a person licensed as such by the Physical Therapy
					 Examining Committee under the authority of the Division of Allied Health
					 Professions of the California Board of Medical Quality Assurance.
(6) An "occupational therapist" means a
					 person licensed as such in the State of California by the Board of Occupational
					 Therapy.
(7) A "speech pathologist"
					 means a person licensed as such by the California Speech Pathology and
					 Audiology Examining Committee under the authority of the Division of Allied
					 Health Professions of the California Board of Medical Quality
					 Assurance.
(8) A "social worker"
					 means a person who has a Master of Social Work degree from a school of social
					 work accredited or approved by the Council on Social Work Education and having
					 one year of social work experience in a health care setting.
(9) A "social work assistant" means a person
					 with a baccalaureate degree in the social sciences or related fields.
(10) A "physician" means a person licensed as
					 a physician and surgeon by the California Board of Medical Quality Assurance or
					 by the California Board of Osteopathic Examiners.
(11) A "dentist" means a person licensed as a
					 dentist by the California Board of Dental Examiners.
(12) An "audiologist" means a person licensed
					 as such by the California Board of Medical Quality Assurance.
(13) A "dietitian" means a person registered
					 or eligible for registration as such by the American Dietetic
					 Association.